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
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).