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When You Can Sue a Debt Collector

Your right to legal action for FDCPA violations

When debt collectors violate the Fair Debt Collection Practices Act (FDCPA), you have the right to sue them for damages. You don't need to prove the debt is invalid—you only need to prove they violated the law.

When You Can Sue

Harassment & Abuse

  • Excessive phone calls
  • Threats of violence or harm
  • Obscene or profane language
  • Calling after receiving cease and desist

False Statements

  • Claiming to be law enforcement
  • Misrepresenting amount owed
  • Threatening illegal actions
  • Falsely claiming attorney involvement

Privacy Violations

  • Discussing debt with third parties
  • Contacting your employer improperly
  • Publishing your name on bad debt lists
  • Revealing they're a debt collector to others

Unfair Practices

  • Collecting unauthorized amounts
  • Depositing post-dated checks early
  • Threatening property seizure without authority
  • Calling outside permitted hours (8 AM - 9 PM)

Validation Failures

  • Not sending validation notice
  • Continuing collection during validation
  • Failing to verify debt when disputed
  • Not marking debt as disputed on credit report

Credit Reporting Errors

  • Reporting inaccurate information
  • Continuing to report unverified debt
  • Reporting time-barred debt as current
  • Not updating after resolution

What You Can Win

Actual Damages

Compensation for:

  • Financial losses
  • Emotional distress
  • Lost wages
  • Medical bills from stress
  • Harm to reputation

Statutory Damages

Up to $1,000 per lawsuit

You can win this even without proving actual damages

Attorney's Fees

If you win, the collector pays your attorney's fees

This makes it easier to find lawyers who'll take your case

Court Costs

The collector pays all court filing fees and costs if you win

The Lawsuit Process

1

Document Violations (Before Filing)

Gather all evidence: call logs, recordings, letters, emails, texts, witnesses

2

Consult an Attorney

Find a consumer rights lawyer who specializes in FDCPA cases. Most offer free consultations.

3

File Lawsuit

Can file in state or federal court, usually in your county. Must file within 1 year of violation.

4

Discovery

Both sides exchange evidence. Collector must provide their records of contact.

5

Settlement or Trial

Many cases settle. If not, proceed to trial where judge or jury decides.

Finding the Right Attorney

Look for FDCPA Specialists

Search for "FDCPA attorney" or "consumer rights lawyer" in your area

Check NACA

National Association of Consumer Advocates (consumeradvocates.org) maintains a directory

Ask About Contingency

Many work on contingency (no upfront fee, they take a percentage if you win)

Free Consultations

Most consumer rights attorneys offer free initial consultations

Requirements for a Strong Case

✓

Clear FDCPA Violation

Specific conduct that violates the law

✓

Documentation

Written records, call logs, recordings, witnesses

✓

Proper Defendant

Sue the debt collection company and individual collector

✓

Within Time Limit

Must file within 1 year of the violation

Hold Collectors Accountable

FDCPA violations aren't just annoying—they're illegal. You have the right to sue and the law is on your side.