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The Fair Debt Collection
Practices Act (FDCPA) is a Federal act passed by
Congress and signed into law in 1977 by President
Carter. The law is designed to protect consumers
from abusive debt collectors, including attorneys,
collecting debts for others and sometimes
themselves. The
FDCPA is a powerful tool which
allows consumers to help regulate an industry which
has been historically abusive. Although reputable
third-party debt collectors endeavor to follow state
and Federal debt collection laws, because of the
sheer volume of consumer debt, there remain many
abuses, some extremely serious and others of a more
technical nature. There seems to be no want for bad
debt collectors in the industry because, by
reverting to the old ways of intimidation and
harassment, debt collectors bully consumers into
paying debts which consumers would otherwise not
pay. The unscrupulous debt collectors unfairly tilt
the playing field to their favor, which works
contrary to both the consumer and the reputable
collection agencies and collection attorneys.
The FDCPA allows the consumer a remedy. By
contacting me I will listen to the facts and
circumstances of your case and determine whether or
not, in my opinion, a debt collector has violated
the FDCPA. If so, I will ask that you enter into a
Retainer Agreement with me to let me prosecute your
claim on your behalf. The value of your case depends
on many circumstances, but it is important to
remember that the Fair Debt Collection Practices Act
allows for the recovery of attorney’s fees. Because
of the nature of these cases, I will usually agree
to take an FDCPA case on a contingent-fee basis
whereby attorney’s fees are paid not by the
consumer, but ultimately by the abusing debt
collector.
The FDCPA allows for up to $1,000.00 in statutory
damages, together with actual damages, plus
attorney’s fees and costs for your claim. Your case
may be settled for more than the $1,000.00 (plus
actual damages, attorney’s fees, and costs) if you
are willing to not disclose the terms of the
settlement agreement to others. Although my clients
must be willing to participate fully in their cases,
including trials, most cases conclude with
relatively little client involvement. If you believe
you have been treated wrongfully by a debt
collector, you have essentially two choices. You can
live with it or you can do something about it.
Please contact me if you determine you wish to do
something about it.
Please click on the links below to see common
violations made by debt collectors and how you can
stop creditors from harassing you now.
Links on
Debt Collection Abuse
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