What are my rights under the federal fair debt collection practices act

Asked almost 6 years ago - Lexington, KY

I wish to file a suit against a debt collection agency who continues to contact me even after I sent them a certified letter asking them to "cease all communication" with me, my family members, neighbors, and employers pursuant to 15 U.S.C. Section 1692 (c) Federal Debt Collection Practices Act, Section 805(c).

They have violated several laws by continuing to do so...and also contacting me at inconvenient times of the day, on my cell as well as my landline phone.

I owe a debt to a credit card company, in which I dispute the total amount and it has been turned over to this agency.

I do not understand why they continue to contact members of my family who have absolutely nothing to do with my debt. They are not co-signers and cannot help them or myself out in any way,..nor do I expect them to.

I just want them to leave my family out of this. Harassing consumers will not get them money any quicker...as a matter of fact, it will not get them money at all in most cases.

According to some legal research that I did, collection agencies cannot discuss a consumer's debt with a 3rd party.....so I do not understand why they choose to contact members of my family. They are clearly violating laws.

Attorney answers (3)

  1. Lesley Abigail Hoenig

    Contributor Level 14

    2

    Lawyers agree

    5

    Answered . Just to add to The first answerer's answer, attorneys fees are part of what can be recovered in a FDCPA case, so it should be possible to obtain an attorney, because they can win attorney's fees on top of winning you the damages for each incident. There are attorneys that specialize in these types of cases, and I recommend starting out by searching for a consumer law attorney.

  2. John W. Carini

    Contributor Level 11

    1

    Lawyer agrees

    5

    Answered . From your statement it appears as if there is indeed a violation of Federal Law. The problem is getting an attorney to take the case, when there is likely little money. Here in Wisconsin, there is a state statute that allows for recovery of plaintiff's attorney's fees in cases like this. You might want to check your state.

  3. Brian K. Herrington

    Contributor Level 8

    1

    Lawyer agrees

    5

    Answered . The prior attorneys have correctly stated the law, i.e., based on what you say, this does appear to be a violation of the FDCPA and the statute does allow for attorney's fees. Thus, you should have no problem finding a lawyer to take your case.

    I am a consumer lawyer, but I don't have a license to practice in Kentucky. Check out the lawyer directory at www.naca.net (National Association of Consumer Advocates). If you can't locate one, contact me and I'll try to find someone for you.

    Brian Herrington
    brian@bherringtonlaw.com

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