Browsing Archive: April, 2010

Attorney Fee Awards from FDCPA Cases

Posted by Admin on Friday, April 16, 2010, In : Collecting Damages 
Damage classification and FDCPA violations

When it comes to FDCPA violations and damages, the FDCPA classifies damages into the following categories:

  1. Monetary damages. This includes payments made on time-barred debt, attorney fees and long distance phone fees.
  2. Actual damages. When a consumer experiences psychological damages incurred by the consumer including psychological damages such as stress, emotional and mental problems.  A person may also experience emotional damages such as emotional pa...

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Illegal Threats of Litigation

Posted by Admin on Thursday, April 15, 2010, In : Gathering Evidence 
Often times, a debt collector or collection agency will threaten a consumer with litigation.  If you have been threatened with litigation or abused and harassed by a debt collector, you have the right to file a FDCPA claim.  Under Section [15 USC 1692e] § 807(5) of the FDCPA, a debt collector is breaking the law by threatening a consumer with legal actions. In addition, they are not allowed to do the following against you:

•    Reduce your credit scores
•    Wage garnishment
•    Causing ...
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Proof: Saving Correspondence with Debt Collectors

Posted by Admin on Thursday, April 15, 2010, In : Gathering Evidence 

Why it is important to save all correspondence?

Even 30 years after the Consumer Debt Protection Act was enforced, there are still a few collection agencies out there that slip through the cracks when it comes to obeying the law. It is highly recommended that you save all correspondence, letters, emails, voicemails or phone calls that have the potential to go to litigation. This can be utilized as proof in the court of law.

Recording Phone Calls Under the FDCPA

Today there are 12 states that per...
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FDCPA Cases: Actual Damages

Posted by Admin on Thursday, April 15, 2010, In : Collecting Damages 
FDCPA Judgments against a Collection Agency

Consumers can file FDCPA claims against a debt collector and be awarded for damages caused by improper practices. In addition, a consumer can also file a private lawsuit at the federal or state level. As a consumer, you don’t have to prove “actual damages” to be awarded money.

The most that you can win in a FDCPA case is $1,000. Keep in mind that you will be given 1 year to file a FDCPA claim in court. The collection agency may be held liable f...
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Your Rights Under The FDCPA Law

Posted by Admin on Thursday, April 15, 2010, In : FDCPA Claim 
Under the Fair Debt Collection Practices Act (FDCPA) of 1978, consumers have protection. This gives consumers the right to sue debt collectors who are abusive. You can sue a debt collector if they do the following:

  • Call during strange hours
  • Harass or threaten you
  • Threaten to sue you
  • Threaten to embarrass you by calling family or friends
  • Continue to make collection efforts after you told them to discontinue
  • Make misleading statements in written collection notices
  • Report false information about y...

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