How to enforce the Fair Debt Collections Act on a debt collector?

Asked 9 months ago - Murray, UT

Hi, I had a loan a few years ago but i lost my job and was unable to pay. I am now preparing file bankruptcy but have not done so yet. Recently I have been receiving phone calls regarding this debt at my home and my employer. I have contacted the collections company and asked that they no longer call me at my employer because it is putting my job in jeopardy but they continued to do so. I read up a little on the Fair Debt Collections act and sent this company a cease and desist letter asking them to no longer contact me regarding this debt. However, they are still calling me at work and their agents have told me directly that they are going to continue to do so until the debt is paid. Am i right and they are violating my rights and is there anything I can do about it?

Attorney answers (5)

  1. Jonathan Stone

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Seems like you have the following violations:
    15 USC 1692c(a)(2);
    15 USC 1692c(a)(3);
    15 USC 1692c(c);
    15 USC 1692d - multiple sub parts.

    On your bankruptcy petition, make sure you list possible FDCPA violation on Schedule B.

    Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be... more
  2. Stephen William Whiting

    Contributor Level 10

    4

    Lawyers agree

    Answered . You can file an FDCPA lawsuit. This lawsuit would allow you to recover up to $1,000 in damages. However, the real teeth of the FDCPA is your unilateral right to recover attorney's fees. Depending on which debt collector you are dealing with, many of them will simply settle quickly and pay you the full $1,000 because they do not want to risk their liability for your attorney's fees going up.

    You should absolutely save all documentation related to your claim, including the phone records which show that they are calling your work.

    My office, as well as most law offices in this area of practice, offers free consultations to consumers in your situation.

  3. Gary D. Bollinger

    Contributor Level 19

    2

    Lawyers agree

    Answered . In FDCPA, documentation matters.
    Preserve documentation/recordation and consult an FDCPA attorney soon.

  4. Robert J Adams Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Find a lawyer who handles FDCA cases. I think you find many on this site.

  5. Renee Mayerson Cannella

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Are You Sure That It Is A Collection Agency Rather Than The Actual Creditor Making The Collection Attempts? That Will Make A Difference As To Whether You Have An FDCPA Claim.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more

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