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FDCPA FAQ
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Updated on Author: Contributor: Sergei Lemberg

Don’t Be Afraid to File an FDCPA Lawsuit!

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For many consumers, nothing is more frightening than situations that involve financial strain or stress. Debt collectors bank on consumers not knowing or understanding their rights under the Fair Debt Collection Practices Act (FDCPA), which is a federal protection law that governs the tactics and methods of debt collection firms.

The FDCPA is intended to protect consumers like you from abusive, harassing, and otherwise unethical and illegal debt collection activities. Breaking a federal law is a criminal act and any debt collector that violates the FDCPA should be treated as a criminal. Allow this idea to empower you. If your rights have been violated, then you clearly have a case against the collection agency.

But how do you know if your rights have been violated? And even if they have, how do you set aside your fear or apprehension over the idea of suing, especially if you actually do owe the debt that the collection firm is trying to recover?

Become an informed consumer. Know your rights. Investigate the FDCPA and its provisions and then take an honest assessment of the manner in which the debt collection firm has treated you, interacted with you, or handled your debt-related conversations. If the agency has threatened or mistreated you in any way, or if they have otherwise violated your consumer rights, then you know you’re also within your rights to sue the company.

Collect strong evidence against the company by keeping a phone long, maintaining copies of all written communications, and otherwise tracking the interactions you have with the debt collector. If you have strong evidence, this should also help alleviate your fear over suing. After all, having a strong case against the company will make them afraid of you as a well-informed and well-armed consumer.

Lastly, but perhaps most importantly, you may want to consider getting legal help. An FDCPA attorney can help you understand your rights and assist you in building a strong case. With legal counsel, you’re no longer on your own in fighting debt collector abuse and you don’t have to be afraid of defending for your rights.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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