Abogado Aly: How to Sue Debt Collectors for FDCPA Violations in Texas

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers against abusive or harassing third-party debt collectors. Here, we will explain how to sue debt collectors for FDCPA violations in Texas.

At Ciment Law Firm, PLLC, THE Debt Defenders, we provide our clients with debt resolution strategies that allow them to move forward in life while minimizing the crippling effects of debt. Read below to learn how you may respond to FDCPA violations, and contact us at (833) 779-9993 to schedule a consultation and determine your next steps.

If your debts have been disputed, settled, or included in bankruptcy within the last year, send us your Credit Karma report for a free claim review. Even if you didn’t use our firm for your original debt resolution case, you should still take advantage of our free claim review.

Are You Dealing With Harassing Calls, Threats, or Accusations From Creditors in Texas?

Many third-party debt collectors engage in illegal harassment daily because consumers don’t know the behavior is unlawful. It is common for repeated calls from creditors to cause frustration, and a forceful tone will sometimes escalate into intimidation. While experiences are subjective, there are distinct lines that some creditors cannot cross when seeking payment for consumers’ debts.

Calls that become harassment often involve threats or accusations that may do more to upset a debtor than encourage them to resolve their outstanding debts. If you find yourself in this situation, work with the experienced FDCPA violations attorneys on our team to find a practical path toward debt resolution.

What Protections Does The FDCPA Provide To Consumers?

The FDCPA protects consumers by disallowing a long list of harassing or abusive behaviors from third-party debt collectors. It is important to note that the FDCPA does not apply to original creditors but only to third-party creditors. Additionally, the FDCPA only applies to consumer debts, such as those for family, personal, or household purposes.

Some actions you may have taken toward resolving debt issues can impact your credit report. These actions may require active involvement by creditors or collection agencies with which you may have interacted. Typically, any time a credit/loan account is disputed, settled, or included in a bankruptcy, the creditor/collection agency must update the credit report per specific guidelines and by certain deadlines. If they don’t, that is a solid violation. Discuss any such actions you have taken with your Texas debt resolution attorney.

What is the Most Common Violation of the FDCPA?

Because many consumers do not know it is illegal for third-party debt collectors to contact debtors over consumer debts, many of these instances are never reported. Consequently, knowing which particular violations are more common than others is difficult. However, the following are all common violations of the FDCPA:

Calling at inconvenient times
Disclosing to a third party that you owe a debt
Calling you at work when you’ve told them not to
Threatening you with a lawsuit without the intention to sue you
Sending you collection letters after you have sent them notice to stop
Sending you collection letters after you have told them an attorney represents you
Failing to update your credit report to indicate that you have disputed a debt
Threatening to garnish your wages, take your house, or take your car
Misstating the amount that you owe

Be sure to carefully note whenever these violations occur, as this is evidence you may be able to use in a lawsuit. Third-party debt collectors are not allowed to continue contacting you after you have retained a debt resolution attorney, so hiring an attorney can be an effective way to encourage these creditors to stop harassing you.

What Can Happen If I Sue a Debt Collector for a Violation of the FDCPA?

Your debt resolution attorney will assess whether a lawsuit against the third-party debt collector in state court is the right choice for your case. Alternatively, your attorney may be able to use the violations as leverage when negotiating debt settlement terms on your behalf. Additionally, they may report the violations to the Federal Trade Commission (FTC) and/or the Consumer Financial Protection Bureau (CFPB).

Successful lawsuits against a third-party creditor for FDCPA violations can lead to statutory damages of up to $1,000 per lawsuit. Third-party creditors pay these statutory damages for violating the law, regardless of any harm it may or may not have caused.

Monetary remedies in the forms of emotional damages for distress or physical damages for distress may be available. These physical damages are generally health-related, such as heart problems or rashes caused by the stress related to harassment from creditors. Emotional damages may involve harm to family or work relationships. Damages for lost work or income may also be available if the FDCPA violations have impeded your ability to work or function in your office or place of business. Wrongly-garnished wages may be recoverable.

What Happens If I Do Nothing in Response to Violations?

If you do nothing, you allow yourself to be the victim of abuse and harassment. That creates an unfair disadvantage for you while you seek to pay off your debts in good faith. Instead, work with a debt resolution attorney to assess whether you have cause to sue for FDCPA violations.

How Can I Determine Whether I Have a Case to Sue for FDCPA Violations in Texas?

The first step to determining whether you have a case to sue for FDCPA violations is to consult an experienced debt resolution attorney. If you may have experienced FDCPA violations when interacting with third-party creditors, contact Ciment Law Firm, PLLC, THE Debt Defenders today at (833) 779-9993 to schedule a consultation, or fill out our online form.

We can help you with your debt resolution strategy, regardless of whether you have a valid FDCPA violation case. No matter what your debt issue is, we have an option for you.

At Ciment Law Firm, PLLC, THE Debt Defenders, we apply our experience and knowledge to assist clients with a diverse range of debt issues and financial legal challenges. When you choose Ciment Law Firm, PLLC, THE Debt Defenders, we will immediately get you on the right track with our proven three-step process that helps you resolve your debts, protect your rights, and rebuild your credit.

In Step 1, we resolve your debts. Depending on your unique circumstances, this could involve:

Debt Lawsuit Defense
Bankruptcy Protection
Debt Protection Program
Debt Assistance Program
Bank Garnishment
Student Loan Assistance
Judgment Lien Release

In Step 2, we protect your rights.

Fair Debt Collection Practices Act
Texas Debt Collection Practices Act
Telephone Consumer Protection Act

In Step 3, we rebuild your credit with 7 steps to a 720 Credit Score.

Learn more about each step and how our 3 Step Proven Process puts you on the path to financial stability.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ciment Law Firm, PLLC, THE Debt Defenders
221 Bella Katy Dr
Katy, TX 77494
(833) 779-9993
https://www.cimentlawfirm.com/

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Thursday, January 19, 2023

How to Sue Debt Collectors for FDCPA Violations in Texas