If you win, you can recover for all the damages you suffered plus an additional amount up to $1000, and your attorney’s fees and court costs. You can sue a debt collector in federal court within one year from the date the harassment occurred. Or you can write a letter to:Ĭan I sue a debt collector who violates the FDCPA? You can also file a complaint with the CFPB by calling 1-85. If the CFPB gets a lot of complaints about a particular company, it can take action against that company on behalf of the public. The CFPB will forward your complaint to the company you are complaining about, and work to get a response. You can file a complaint online with the Consumer Financial Protection Bureau, which is the federal agency charged with enforcing the Fair Debt Collection Practices Act. For more information, and specific examples, see Your Rights Under the FDCPA: Recognizing Debt Collection Abuse.Ĭan I file a complaint against a debt collector? How can I recognize when a debt collector violates the FDCPA?ĭebt collectors violate the FDCPA when they make harassing, threatening, or misleading statements in order to coerce or trick you into making payments on a debt. For more information, see Your Rights Under the FDCPA: Disputing the Debt. If I am contacted by a debt collector, can I dispute the debt? You should not have to suffer from debt collection harassment! Call the NYC Financial Justice Hotline at 21 (or click here to request assistance) for advice about your specific situation. These laws may apply even if the FDCPA does not. Various state laws protect consumers from debt collection harassment. Is there a way to protect myself from debt collection harassment, if the FDCPA does not apply? Also, third party debt collectors who do not regularly collect debts owed to another do not have to comply with the FDCPA. For example, an in-house collections department at a credit card company or hospital would not be covered by the FDCPA. Which debt collectors need NOT comply with the FDCPA?Ĭreditors do not have to comply with the FDCPA if they are trying to collect their own debts. Practically speaking, most debt collectors are covered by the FDCPA.
Law firms and lawyers also must comply with the FDCPA, if they regularly engage in debt collection activities. Employees of debt collection and debt buyer agencies must comply with the FDCPA. The FDCPA applies to any person or company that regularly collects the debts of another. Which debt collectors must comply with the FDCPA? Most consumer debts - such as personal credit cards, student loans, and medical debts - are covered by the FDCPA. The FDCPA applies to debts that were obtained primarily for personal, family, or household purposes. What kinds of debts are covered by the FDCPA? These issues are explored in more detail on the pages that follow. And it gives you the right to force debt collectors to leave you alone. It controls how and when a debt collector may contact you and what the debt collector can say to you. It gives you the right to dispute the debt.
The FDCPA is a federal law that protects consumers from unfair or abusive debt collection practices. What is the Fair Debt Collection Practices Act (FDCPA)?
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