The FDCPA was passed by Congress to combat the unfair debt collection practices used by many creditors and debt collectors. Although debt collection is perfectly legal, the FDCPA has established rules for the collection of consumer debts and provides protections to debtors by enabling them to challenge creditors and determine the validity and accuracy of asserted debts.
Despite these debt collection laws, many debt collectors reportedly engage in illegal conduct in an attempt to collect on debts.
Under the FDCPA, a debt collector is anyone who regularly collects debts that are owed to others, including debt collection agencies, companies that purchase and attempt to collect on delinquent debts, and debt collection lawyers who help companies who help creditors, debt buyers, or even debt collection firms. Many states, including California, have enacted their own state versions of the FDCPA that apply to and regulate not only debt collectors but also creditors, including banks, credit card companies, etc.
If a debt collector is found to have violated the FDCPA, the debtor is entitled to receive $1,000 in statutory damages, plus any actual damages that they have suffered.
If you believe a debt collector has violated your rights, please contact us for a free case evaluation.