FDCPA FAQ

FDCPA is a federal law and it stands for Fair Debt Collection Practices Act.

The FDCPA is intended to prevent abusive, deceptive and unfair debt collection practices. Read the FDCPA law to learn more.

Yes. All legal theories have an associated statute of limitations by which you must resolve your dispute or file a lawsuit. Under the FDCPA, the statute of limitations is 1 year from the violation. Many times there may be an issue or question as to when the violation occurred. There are other legal theories that could apply and would have different statute of limitations periods.   It is important to seek legal advice as soon as possible.

Under the FDCPA, you could be entitled to a maximum of $1,000 if there is a violation. There could also be actual damages. The statute or law also provides that the debt collector must pay attorney fees and costs in successful claims.

Yes, the debt collector would be responsible to pay your attorney fees for successful claims.

Unless a court orders otherwise or you grant consent, a debt collector can only call after 8:00 a.m. and before 9:00 p.m. Further the debt collector cannot call at an unusual time or place or a time or place that the debt collector knows is inconvenient for you.

Yes. There are many ways that a call can violate the law. Some examples include, but are not limited to situations where the debt collector calls too early in the morning or too late at night, where the debt collector threatens you, harasses you, where they fail to disclose that they are a debt collector, where they fail to provide the caller’s identity, where they call too often, where they use profanity, where they mislead you, where they claim that you have committed a crime. There are many types of violations and each call must be analyzed carefully. It is important to save voice messages and if legal within your state, to record phone calls.

Maybe. It depends on the law of the state. Some states permit a participant in a call to record the call, but other states prevent it. If appropriate, it is important to seek legal advice on this issue.

Definitely. There are many ways that a debt collection letter can violate the law. Some examples include, but are not limited to situations where the debt collector fails to disclose its identity, fails to identify itself as a debt collector, fails to advise you as to certain rights within 5 days of the initial communication, discloses personal information to third parties, uses false or misleading representations, falsely represents the character, amount or legal status of the debt. There are many other ways that a debt collection letter can violate the FDCPA and it is important to review your situation with an attorney that is familiar with the law.

Yes. Debt collectors cannot communicate with third parties as it relates to your debt. There are exceptions, but the use of a postcard would likely raise many issues as any information on the card would be communicated to anyone that sees the postcard.

Yes. There are many ways that a voice message can violate the law. Frequently, debt collectors fail to identify themselves as debt collectors. Voice messages can be tricky for the debt collectors because if they leave too much information or too little information on the recording, it can be problematic. If they leave misleading information, that too can be a problem for the debt collector. There are many other ways that a voice message can violate the FDCPA and it makes sense to call our office if you feel that there may have been a violation.

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As soon as practical, you should make a written request, but certified mail-return receipt requested request asking the debt collector for validation and verification of the alleged debt.

No. The FDCPA applies to debt collectors, which can include debt buyers.

No. The FDCPA, by the definition of “debt,” applies when the transaction giving rise to the debt was primarily for personal, family or household purposes. There are times that it is not always clear whether a debt would be considered to be consumer debt versus commercial debt.

Yes. If an attorney is familiar with the law and is willing to take your case without requesting that you pay fees, it makes sense to have someone with knowledge and experience to help with the process. Also, debt collectors often take you more seriously when they are potentially required to pay fees. My office does not request payment of a fee for FDCPA claims.

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Save everything you have!! Letters, voice mails and recorded conversations. Prior to recording a conversation, it is very important that you check the law in your state to make sure that it is okay for you to record such conversations.

That would likely be problematic to a claim under the FDCPA. It is important to know how the caller obtained your cell phone number initially.

Call or email my office to discuss your claim personally. There are several aspects to the FDCPA and it is important to hire an attorney that is familiar with all areas of this law. Keep in mind that my office looks to the debt collector to pay our fees. We do not seek payment from our FDCPA clients.

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Yes. As soon as practical, you should make a written request, by certified mail-return receipt requested request asking the debt collector for validation and verification of the alleged debt.

Call or email my office to discuss the best method for presenting a claim. There are times when presenting a case as a class action makes more sense, particularly when the violation might occur to multiple individuals.

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