Common FDCPA Violations & Damages

Here are some of the most common violations of the Fair Debt Collection Practices Act (FDCPA) by debt collectors:

• Harassment: Calling repeatedly or continuously with intent to annoy, abuse, or harass. Calling outside reasonable hours. Threatening violence or harm.
• False statements: Making false representations about the debt like incorrect amounts owed or consequences of non-payment.
• Unfair practices: Publishing debtor’s name on a “bad credit list.” Making threats not intended to be carried out. Using obscene language.
• Deceptive practices: Falsely implying they are attorneys or government representatives. Misrepresenting the legal status of a debt.
• Unverified debts: Continuing collection efforts without providing proof/verification of the debt if requested by the consumer.
• Calling third parties: Contacting consumer’s employer, relatives, or other unauthorized third parties about the debt.
• Failing to send notices: Not providing proper written notices about the debt and debtor rights within 5 days of first contact.
• Calling after request to cease: Continuing to call after receiving written cease and desist notice from consumer.
• Unfair credit reporting: Inaccurately reporting debts to credit bureaus that are in dispute. Failing to report payments.
• Posing as an attorney: Debt collector falsely claims to be an attorney who will take legal action without intending to do so.
• Charging unlawful fees: Trying to collect unauthorized or inflated fees not actually incurred.

Here are some of the common types of damages that may be awarded to plaintiffs for violations of the Fair Debt Collection Practices Act (FDCPA):

FDCPA Damages:

• Actual damages: Monetary losses resulting directly from the violation, like medical bills or lost wages.
• Statutory damages: Set amounts up to $1,000 for individual violations. May be higher for class actions.
• Additional damages: Up to $1,000 for individual violations where the agency knowingly broke the law.
• Attorney fees and costs: Consumer has right to recover legal costs if violation is found.