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Damages You Can Receive If a Debt Collector Violates The FDCPA

Everyone has the right to be free from abusive debt collection techniques and creditor harassment, no matter how much money they may owe. When a debt collector violates the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing or threatening debt collection techniques, the person who owes the debt can file a lawsuit seeking compensation and other damages for the violation. Depending on the case, plaintiffs in FDCPA lawsuits could win thousands of dollars from a creditor that violated this law.

The language of the FDCPA statute allows consumers to receive up to $1,000 in damages from a creditor. This amount is per case, not per individual violation. While most people would not turn down $1,000, most of the compensation consumers may win comes from other types of damages.

First, a person who wins an FDCPA claim in court can seek damages for his or her emotional and physical distress. Constant phone calls and communications from a debt collector, especially one that uses threatening or obscene language, can be very stressful. When this stress is manifested physically, people may suffer from heart attacks, headaches, ulcers, or other physical illnesses. When a creditor’s actions cause a physical injury, that company can be liable for the costs of treatment as well as the person’s pain and suffering.

In addition to physical symptoms, creditor harassment can damage a person emotionally. Some people may be so distressed by constant creditor contact that he or she may need to seek therapy or treatment for anxiety and depression. When this happens because a creditor refused to follow fair debt collection practices, the creditor can be held responsible for paying damages.

This type of stress can also jeopardize a person’s personal or business relationships. For example, some creditors may contact a person’s employer repeatedly, even though this is in violation of the FDCPA. If that person loses his or her job as a result of that harassment, the creditor can be forced to pay lost wages as well as damages for any emotional or psychological harm that resulted from their actions.

In addition to money damages, a court may also grant an injunction against a harassing creditor which prohibits that company from calling or contacting the consumer again. If the creditor fails to follow those instructions, the consequences may be severe.

Finally, the creditor or debt collector may also be responsible for paying similar damages to third parties who were harmed by the debt collector’s actions. In the example above, the employer may also have a claim against the creditor for an FDCPA violation, even though the employer did not owe the debt. If the third party can prove that he or she was harmed by the debt collector’s actions, then that company may be liable under the FDCPA.

At Loan Lawyers, our attorneys help people like you to fight back against aggressive and illegal debt collection techniques. Our South Florida attorneys will review your claims for free, and advise you of your legal options against debt collectors who violate the FDCPA.

To schedule your free, no-risk consultation, contact Loan Lawyers today by calling (888) FIGHT-13 (344-4813).

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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