Your damages under the Fair Debt Collection Practices Act
If a debt collector violates your rights under the FDCPA, you may be entitled to the greater of actual damages or statutory damages of up to $1,000 plus costs and attorneys’ fees. Under this law, actual damages including emotional pain and suffering. For example, we had one case against a sham debt buyer named Goldman Roth (there was no one either the name Goldman or Roth at this company), that harassed our client by friending her on Facebook and then disclosing her debt by contacting her other Facebook friends. We obtained a $20,000 judgment against this scummy debt collector and others.
How to Deal with Debt Collectors
If you are contacted by a debt collector or a collection agency, take the following action:
Tell the bill collector to stop calling you;
Get the collectors name, address, telephone number and fax number;
Do NOT give the collector any information about you, especially your social security number;
Never admit that you owe anything;
If you have caller ID, make a note of the telephone number from which he called you;
Send a cease and desist letter to the debt collector telling it to stop contacting you. Under the Fair Debt Collection Practices Act, it must stop contacting you. If the collector continues to contact you, then your rights have been violated under the law.
Write down everything that you can remember of the conversation as soon as possible, after the conversation such as threats, cursing, yelling or any other behavior exhibited by the bill collector that made you uncomfortable.