The Fair Debt Collection Practices Act prohibits third party debt collectors from engaging in abusive, threatening and harassing behavior. While violations can result in statutory damages of up to $1,000, many consumer victims don’t know that they may also be entitled to other damages such as physical distress, emotional distress, lost wages and more. Find out how you can turn the tables and collect for the hassles you’ve endured.
Turning The Tables
The FDCPA specifically prohibits third party debt collectors from engaging in the following behavior:
- Calling you at work or early in the morning or late at night at your home
- Contacting your friends, neighbors and co-workers about your debt
- Intimidating you, harassing you, lying to you or using obscene language
- Threatening you with lawsuits, arrests, violence or the garnishment of wages
- Trying to collect more debt than what is actually owed
- Using false names or making anonymous calls
- Using social media sites such as Facebook, Twitter and LinkedIn to harass you
Third party debt collectors who violate the FDCPA can be held liable for both monetary damages and injunctive relief.
Monetary Damages. The FDCPA allows consumers to recover damages up to $1,000 for violations. Courts will generally award these damages when consumers can show a violation of the FDCPA – regardless of whether they suffered any harm. In addition to statutory damages, consumers may also be entitled to the following monetary damages:
- Attorneys’ Fees & Costs. Courts will generally award attorney’s fees and court costs when a debtor proves that a third party debt collector violated the FDCPA.
- Physical distress. Being threatened and subjected to aggressive and harassing behavior can cause physical distress in the form of stress related health issues. Documented health problems, which can be linked to FDCPA violations, may be recoverable.
- Emotional distress. Just as harassing debt collection tactics can cause physical distress, they also can cause emotional distress – especially when debt collectors violate the FDCPA by contacting a debtor’s friends, family and co-workers. Just like physical distress, documented emotional distress problems that can be linked to FDCPA violations may be recoverable.
- Lost wages. Debtors who are continually contacted at work may be less productive. If the decreased production affects their wages and can be linked to FDCPA violations, lost wages may be another means of recovery.
Injunctive Relief. In addition to awarding the debtor monetary damages, a court can also order the debt collector to stop engaging in specific behavior such as calling your home, work, family, friends, neighbors and others as well as sending you threatening collection letters.
Contact The Disparti Law Group & Let Us Help You Get What You Deserve
It’s clear that the FDCPA provides consumers with various options when it comes to violations. However, if you’re seeking monetary damages or injunctive relief, it’s important to consult with a law firm who understands how the FDCPA works. We are that firm.
If you’ve been the victim of unfair debt collection practices in Florida, contact Disparti Law Group, P.A., of Tampa. We know first hand the unethical practices some creditors use to collect debts. We fight debt collectors for consumers just like you and can make third party debt collectors’ harassing phone calls stop – once and for all.
The Disparti Law Group, P.A., of has been assisting victims of illegal third party debt collection practices for over 30 years in Tampa, Holiday, New Port Richey, Spring Hill, Land O’Lakes, Tarpon Springs, Clearwater, St. Petersburg and surrounding areas. Call us today at 866-596-7638 or contact us through our online contact form. Let our experience help you get what you deserve.