Fair Debt Collection Practices Act
Fair Debt Collection Practices Act in Cincinnati, OH
In 1978, Congress passed the Fair Debt Collection Practices Act (“FDCPA”) in an effort to protect consumers from harassment over unpaid debt. The FDCPA sets limitations on behaviors debt collectors may and may not engage in while attempting to collect debt from consumers. Additionally, it provides consumers who have been illegally harassed by debt collectors the right to sue for monetary and injunctive relief.
Illegal Debt Collection Practices
A debt collector cannot contact third parties about your debt, although there are a few exceptions to this general rule. For example, debt collectors are allowed to contact third parties for the limited purpose of finding information about your whereabouts. A debt collector cannot engage in conduct meant to mislead, harass, oppress, or abuse, or engage in any unfair or outrageous method to collect a debt.
Liability for FDCPA Violations
Aggrieved consumers who file a private lawsuit in federal court against a debt collector that violates the FDCPA may recover damages (actual, statutory, attorney's fees, and costs). The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages up to $1,000, plus reasonable attorney’s fees and costs, if a debt collector has violated the FDCPA.
If you believe you have been contacted by debt collectors in violation of the FDCPA, you may have legal recourse. To learn more about how we can help, please contact Sadlowski & Besse L.L.C. today for a free consultation.
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