Recognizing FDCPA Violations
Common violations include: calling before 8 AM or after 9 PM, continuing to call after receiving a cease and desist, disclosing your debt to third parties, threatening arrest or criminal prosecution, using profane or abusive language, misrepresenting the amount owed, failing to send a validation notice, and continuing to collect after you dispute within 30 days without providing verification.
How to Document Violations
Call log: Record every call with date, time, phone number, what was said, and who said it. Letters: Keep every piece of mail in a folder. Texts and emails: Screenshot and save. Voicemails: Do not delete -- save them. Witnesses: If a third party heard a disclosure, get their written statement. The more documentation you have, the stronger your case.
Where to File Complaints
CFPB (Consumer Financial Protection Bureau): consumerfinance.gov/complaint -- the most effective federal complaint. FTC (Federal Trade Commission): reportfraud.ftc.gov. State Attorney General: every state has a consumer protection division. State licensing authority: some states license debt collectors and can revoke licenses for violations.
Finding a Consumer Protection Attorney
The National Association of Consumer Advocates (NACA) maintains a directory at consumeradvocates.org. Many FDCPA attorneys work on contingency -- they get paid from the collector's penalty, not from your pocket. Initial consultations are typically free. Look for attorneys who specifically list FDCPA or TCPA practice areas.
Damages You Can Recover
Statutory damages: Up to $1,000 per case (not per violation, but courts may consider severity). Actual damages: Emotional distress, lost wages, medical bills from stress, job loss. Attorney fees and costs: The collector pays your lawyer if you win. In class actions, statutory damages can reach $500,000 or 1% of the collector's net worth. The one-year statute of limitations runs from the date of each violation.
Frequently Asked Questions
How much can I get for an FDCPA violation?
Statutory damages are up to $1,000 per case, plus actual damages (which can be much higher if you suffered real harm), plus attorney fees. The collector pays the attorney fees, not you.
Do I need to hire a lawyer to sue a debt collector?
While you can sue in small claims court without an attorney, an FDCPA attorney is recommended because they know the law, work on contingency, and the collector must pay their fees if you win.
How long do I have to file an FDCPA lawsuit?
One year from the date of the violation. If violations are ongoing (such as continued calls after a cease and desist), each new violation may create a new one-year window.
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