Should a lawyer keep $3500 out of a $5000 settlement with collection CO for FCPA and TCPA violations. No lawsuit was filed

Asked over 1 year ago - Phoenix, AZ

I spent $40 alone in faxing because they lost the first fax after confirming receipt This had documents with my SSN on them. I had another CO that violated FCPA by leaving a message without identifying themselves, I forwarded the messages per request so they would have the timestamp They lost those too and i no longer have the phone to get the messages again. i have email correspondence stationing they lost the above items.

Attorney answers (2)

  1. C. Andrew Campbell

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The fee does have to be reasoanble. How much billable time did the attorney have in the file? I understand that you had to do things, but the billable time is a component of the amount of the fee.

    Also, the FCPA provides for statutory damages as well as attorney's fees, thus many cases are taken without charging the client an up front fee or an hourly fee as the matter progresses. If they attorney's are representing you without payment and they negotiate the attorney's fees that will be paid by the other side in the event of a settlement that increases the amount of the total settlement, which means that you do not have to pay for the attorney's time separately. In many cases it is the attorney's fees provisions of the FCPA that allows individual consumers to file actions against debt collectors for their activities. Talk you your attorney about the billable time, the costs incurred, and the settlement. Good luck.

    This information is provided for general informational purposes and is not intended as legal advice. An attorney... more
  2. Celia R Reed

    Contributor Level 20

    Answered . The fee has to be reasonable. Try to discuss it with your attorney. If that doesn't work, review your fee agreement to see if it has any dispute resolution provisions. If not, you could probably file a claim in justice court, maybe even small claims, depending in the amount in dispute.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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