Fair Debt Collection Practices Act

When a Debtor Can Sue Creditors for Monetary Damages

In 1978, the U.S. Congress passed the Fair Debt Collection Practices Act (FDCPA) with the purpose of providing Americans with greater protection against the sometimes abusive and harassing tactics used by creditors and debt collectors. Any creditor does have a legal right to demand payment from the debtor and to take action to pursue repayment, but there are limits to how far the creditor can legally go. Violations of the terms of the FDCPA make the creditor liable to legal action under which the debtor may sue for monetary damages. The actions that are prohibited under the FDCPA include but are not limited to:

  • Calling you before 8:00 a.m. or after 9:00 p.m.
  • Continuing to contact you after you have informed them that you are represented by an attorney
  • Using any type of misrepresentation or deceit
  • Using abusive or profane language toward you
  • Contacting you at work after you have informed them that this is unacceptable
  • Calling repeatedly to make the phone ring “off the hook”
  • Publishing your name and address on a list of bad debts
  • Discussing your debt with unauthorized parties, such as neighbors or coworkers

Suing Under the FDCPA

If it can be proven that your rights under the FDCPA have been violated, a Jacksonville bankruptcy lawyer from The Law Offices of Justin McMurray, P.A. may be able to help you secure justice and even compensation by filing a lawsuit against the offending creditor. The FDCPA makes it possible to recover actual monetary damages in the event that you have suffered any type of loss as a result of the harassment or abuse, as well as attorney’s fees and court costs and even statutory damages of $1,000 regardless of whether you sustained any loss. To learn whether you have grounds to sue and to take the first step in your case, contact our firm now for a free consultation.