The Fair Debt Collection Practices Act (FDCPA). We believe fee conversations should be simple and stress free. Learn how costs may work in consumer and wage cases, including when no upfront fees may be available and what to expect before you hire a lawyer.
Nothing. We always are happy to talk with you at no charge.
It doesn't matter if you owe the debt or not - the debt collector must still follow the law and cannot harass you.
The FDCPA is a federal law that limits what third party debt collectors can do when collecting personal, family, or household debts.
The FDCPA applies when:
A consumer is an individual person. Corporations, partnerships, or any other non-human-being is not a consumer.
A consumer debt is a debt that is not a business debt. It could be a car loan, a home loan, a credit card, a medical bill, or other similar debt. Anything that is not a business loan or debt is probably a consumer debt.
A "debt collector" under the FDCPA is a company that is not the original creditor. It is not the hospital. It is not the credit card company. It is not the auto loan company. It is a third party collector that has been hired by the original creditor or someone else to collect the debt. “Debt collectors” also include "debt buyers" - companies that buy up debt that is in default and then collect it or send it out to collection agencies.
A violation of the FDCPA is when a third party debt collector breaks the law by using harassment, false or misleading statements, or unfair tactics to collect a consumer debt, such as repeated calls, threats they cannot legally make, contacting your employer in improper ways, or discussing your debt with others.
If a debt collector acts towards you in any one of the following ways, it is normally a violation of the FDCPA:
There are many different ways violations can occur. Here are some examples:
Most voice mail messages violate the FDCPA.
The FDCPA can give you important legal protections and potential compensation if a debt collector breaks the law, including possible statutory damages and reimbursement of attorney’s fees and costs when you prevail.
The FDCPA provides four significant benefits:
If we are successful in settling your case, our fee comes from the settlement amount that is paid by the debt collector. If we try the case, the court can award attorney's fees and make the defendant debt collector pay it.
The defendant debt collector can be required to pay the costs and expenses of the litigation. We advance that money by taking your case - if we are not successful we do not get it back. If we are successful, then we get reimbursed that money out of the settlement or the judgment that the defendant debt collector pays. In no scenario do you have to pay the litigation fees to us without it being part of a settlement that you receive.
Contact us as soon as possible and keep a simple log of calls, texts, letters, and voicemails so we can review what happened. You can call Consumer Law Organization, P.A. for a free initial consultation and we can explain your options and next steps based on your situation.
Make sure you document the calls coming in by using our collection log or something similar. We do NOT advise recording calls (it is OK to record voicemails), as this can lead to you being prosecuted in other states. We don't agree with those prosecutions, but you should avoid the possibility if you can.
It's simple. Contact us today as there are time limits to consider, so the sooner you contact us, the sooner we can start the process of helping you to deal with your situation.
Get quick answers about overtime pay, debt collection harassment, credit report errors, and identity theft. If you do not see your question here, contact Consumer Law Organization, P.A. for a free initial consultation and clear next steps.
Once you submit the information it is sent to an attorney in your state for immediate review. You will be contacted in less than 24 hours of your submission.
There are no fees for consultations.
Not a dime. The FDCPA , the FCRA, and the FCCPA make the defendants pay all attorney fees and costs when we prevail. We handle all the necessary up-front expenses for you. If there is no recovery, you owe us absolutely nothing.
Each case is different. Depending on the severity of the violations it could be the complete removal of the debt, plus $1,000 for the statutory damages, plus the attorney fees paid in full by the debt collector. Or it could be more depending on the acts of the collector and your own damages. You may also be entitled to actual or punitive damages.
Every case is unique. Some are settled almost immediately and some require extensive litigation. The overwhelming majority of civil cases are settled before trial.
This is unlikely but it is possible. Most civil cases are settled out of court, often without the plaintiff ever appearing in court. If you do have to give an interview to the defense attorney or go to court, your attorney will be with you every step of the way.
After your attorney is on board, you should direct any calls regarding the lawsuit or the debt to your attorney. If the collection agency insists on talking to you, take detailed notes of the conversation and E-mail them to the attorney immediately. You will also have another case. It is illegal to contact a consumer represented by an attorney under the FDCPA, and also the FCCPA.
Yes, we will make sure you know exactly what’s happening throughout the process. Please keep us updated on your contact information.
Ask them to visit our site and submit a claim just as you did. We will be glad to help them too.
