4 Parts of FDCPA Claim
4 essential parts of an FDCPA claim:
This is a quick checklist to see if an FDCPA violation exists. The FDCPA is the governing law protecting consumers nationwide. If collection agencies are violating the FDCPA it’s your responsibility to enforce it.
1. Consumer Debt
The act only applies to “consumer debt” this means credit card debt lawsuit, doctors bills, home services, cars, etc. (things you would buy if you were a consumer). If you buy a tractor, a printing press or other commercial equipment you probably wouldn’t be able to seek protection.
2. Third party Collector
If the doctors office calls you to pay the bill they don’t have to comply with the FDCPA nor does whatever bank issued you your credit card if you default.
If the doctors office assigns your unpaid bill to AAA Collection Company., then AAA Collection Company would have to comply with the FDCPA because they are a third party collector.
3. Consumer
You have to be a consumer to be violated by the FDCPA. Â Businesses can have credit cards and buy cars on credit, but they can’t be protected by the act. If you are a person you’re covered.
4. Violation
The collection company has to violate the act for you to have a claim. This is actually tough not to do. There are requirements and time frames that collectors are required to meet along with a code of conduct that very few collection agencies meet 100% of the time. You’ll find that FDCPA violations are easier to find than stop signs if you just learn to recognize them.
If a collection agency is violating the FDCPA it’s your responsibility to defend yourself by filing a claim in civil court. Most violations in the act carry statutory damages of up to $1,000 per offense + attorneys fees and costs (filing fees and service). A collector who calls you repeatedly and insults you could be looking at a stiff bill if you simply make notes of the time and type of offense and sue them for multiple violations. You may just be one of the few people to get money from collectors.