When a collector is attempting to collect a debt, he or she must follow a code of conduct as outlined by the Fair Debt Collectors Practices Act (FDCPA). Not doing so is a violation of the Act. Collectors who violate the Act may end up owing damages to the debtor. This article will outline the possible damages a collector can be liable for if it violates the FDCPA when collecting a debt.
Statutory Damages
In addition to paying for emotional and physical damages and lost wages, a collector who violates the FDCPA may owe statutory damages of up to $1000 to the debtor.
Statutory damages may also be awarded if the consumer proves the collector violated the FDCPA, even if no harm has been done. The $1000 is per lawsuit not per violation, so even if the collector violated the FDCPA multiple times, the debtor will only be able to collect the one-time fee.
Attorney’s Costs and Fees
If a debtor needs to hire and attorney to represent them in an FDCPA violation case, the collector may be responsible for paying the debtor’s legal fees.
All FDCPA violation lawsuits must be filed within one year from the date on which the violation occurred, not when the violation is discovered.
Monetary Losses
If a consumer is tricked or forced into paying a collector the consumer does not actually owe, a consumer may be able to recovery those funds in an FDCPA action.
Physical Distress
Some collectors are so overbearing, the stress they cause debtors result in health issues such as headaches, rashes, heart problems and more. If this occurs, the debtor should seek medical attention as a doctor’s report will serve as evidence of the conditions. If the conditions can be linked to the collector’s behavior, they may be responsible for monetary damages.
Emotional Distress
A collector’s behavior can also result in stress that can negatively affect the debtor’s emotional wellbeing. Calls to the debtor, their family members, and co-workers can take a toll on professional and personal relationships. If a court finds that a violation of the FDCPA led to these emotional issues, the collector may owe monetary damages.
Lost Wages
When a collector is unable to collect from a debtor, they may try to contact them at work. This can disrupt the debtor’s productivity, the productivity of their co-workers and it may have a negative effect on their professional relationships, which can result in a loss of wages.
According to the FDCPA, collectors are prohibited from calling debtors and work. If this type of disruption results in lost wages, the debtor may be able to recover these from the collector.
Getting Representation for Your FDCPA violation case.
If you are dealing with an FDCPA violation in the state of Louisiana, Samuel Ford of Scott, Vicknair, Hair and Checki can help. He has years of experience in the field of consumer protection. SVHC takes a client-centered approach keeping the people they represent involved in every step of the decision-making process. SVHC’s aggressive representation is effective in getting the desired results for their clients.
If you are being harassed by a collector, don’t let them get away with it. Call the SVHC team to make sure your rights are protected.
Samuel Ford of SVHC offers free consultations and, if you have a claim, you may be able to recover all associated costs and attorney’s fees, meaning SVHC may be able to represent you at no cost to you! Contact Samuel Ford today!
