The Fair Debt Collection Practices Act (FDCPA) is a federal statute that protects consumers from the abusive practices of debt collectors and collection agencies. The FDCPA provides that debt collectors must take certain actions and prohibits the debt collectors from abusive practices and other actions. The FDCPA prohibits debt collectors from engaging in unfair and deceptive acts and practices. It also prohibits debt collectors from collecting amounts that are not authorized by law or by the agreement creating the debt. The act also provides that debt collectors must provide you with the name and address of original creditor when requested.
If a debt collector violates the FDCPA, the act provides that the consumer may recover actual damages, and statutory damages of up to $1,000.00. The act also provides that consumers who prevail in litigation against a debt collector shall be entitled to recover his or her attorney’s fees and costs of litigation. Therefore the act enables the consumer to remedy misconduct on the part of debt collectors.
The act does not apply to persons collecting their own debts. It applies only to third party collectors. If you feel that you have been treated unfairly by a collection agency, you may have a cause of action. Call one of our legal professionals for an appointment and analysis of your case.
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