An FDCPA attorney specializes in stopping debt collection harassment and holding abusive collectors accountable under the Fair Debt Collection Practices Act. These attorneys can immediately halt harassing calls, negotiate on your behalf, and pursue legal action for violations. If you believe a debt collector has violated your rights, you may be entitled to up to $1,000 in statutory damages per violation, plus actual damages, with attorney fees typically covered by the debt collector if you win.
Key Takeaways
- The Fair Debt Collection Practices Act provides strong federal protections against abusive, deceptive, and unfair debt collection practices
- FDCPA attorneys can immediately stop collection harassment, negotiate on your behalf, and pursue legal action for violations
- You may be entitled to up to $1,000 in statutory damages per violation, plus actual damages, with attorney fees often covered by the debt collector
Understanding the FDCPA and Your Protected Rights
The Fair Debt Collection Practices Act (FDCPA) is a federal law passed by Congress in 1978 that addresses abusive debt collection practices. This law applies to third-party debt collectors, not original creditors, and covers debts incurred for personal, family, or household purposes such as credit cards, medical bills, student loans, and mortgages.
The law comprehensively regulates when collectors can call you and what they can say. It applies to collection agencies, debt buyers, and attorneys who regularly collect debts. Understanding these protections may be your first line of defense against harassment.
Also read: Understanding Violations of the FDCPA
How Debt Collection Works and Why FDCPA Protections Matter
When you fall behind on payments, creditors typically charge off debts after 90 to 180 days and either sell them to debt buyers or hire third-party collection agencies. This is where the FDCPA protections activate. Many collectors use aggressive tactics, hoping you’ll pay just to stop the harassment. Common impacts include panic attacks when the phone rings, embarrassment from workplace calls, sleep loss from late-night contact, family stress, and financial decisions made under pressure rather than careful consideration.
What FDCPA Attorneys Do to Protect Your Rights
FDCPA attorneys enforce your rights under federal law by stopping harassment, managing all collector communications, and pursuing compensation for violations. Once you retain an FDCPA lawyer, debt collectors must cease direct contact with you, potentially reducing stress immediately.
How FDCPA Lawyers Stop Harassment
FDCPA attorneys take immediate action to protect you by stopping collection calls, managing all communications with collectors, negotiating debts using violations as leverage, documenting evidence of illegal practices, and filing lawsuits against violating collectors. Providing your attorney’s contact information to debt collectors ensures all interactions go through legal professionals, safeguarding your interests.
Common Violations FDCPA Lawyers Handle
Debt collectors often engage in practices that may violate federal law. Harassment by debt collectors includes repeated calls (courts have found 7+ calls per day excessive), threats of violence or harm, obscene language, publishing “bad debt” lists, and causing phones to ring continuously with intent to annoy.
False representations include falsely claiming to be attorneys or government representatives, misrepresenting amounts owed, threatening actions they cannot legally take, falsely claiming you committed a crime, and sending fake court documents.
Unfair practices include collecting unauthorized amounts, depositing post-dated checks early, threatening to take property illegally, using postcards instead of sealed envelopes, and employing deceptive location-finding tactics.
Contact violations include calling before 8 a.m. or after 9 p.m., contacting workplaces after being told to stop, discussing debts with third parties, and continuing contact after receiving a cease letter.
When to Contact an FDCPA Attorney
Contact an FDCPA attorney immediately if you experience receiving more than 7 calls per week from a collector, contact before 8 a.m. or after 9 p.m., threats of arrest or criminal prosecution, workplace calls after requesting they stop, collectors discussing your debt with others, harassment or abusive language, or false claims about amounts owed or legal authority.
Consumers can pursue lawsuits within one year of the violation. Contact The Wood Law Firm at +1 844-638-1122 for a free consultation to evaluate your case.
Legal Actions and Compensation Available
If you believe debt collectors violated the FDCPA, you can pursue legal action for compensation. The Federal Trade Commission (FTC) enforces the FDCPA and has taken action against numerous debt collection agencies.
Filing an FDCPA Lawsuit
FDCPA attorneys prepare lawsuits by gathering evidence of violations, including call logs, recordings, letters, and witness statements. The FDCPA provides civil remedies for consumers whose rights may have been violated. If you dispute a debt, debt collectors are prohibited from applying payment to that disputed debt. You must file within one year of the violation.
Compensation and Attorney Fees
Consumers can seek statutory damages up to $1,000 per violation or actual damages for emotional distress, lost wages, medical expenses, and documented harm. Attorney fees and court costs are paid by the collector if you win, not you. There are over 200 recognized violations under the FDCPA that could lead to compensation.
Most FDCPA attorneys work on contingency with no upfront costs. If you win, the debt collector pays your attorney fees and you keep the full amount of damages. If you lose, you typically owe nothing. The Wood Law Firm handles all FDCPA cases on this basis.
Additional Consumer Protection Laws
The Fair Credit Reporting Act (FCRA) works alongside the FDCPA to protect consumers. The FCRA ensures accuracy and privacy of credit information by requiring accurate debt reporting, limiting negative information to seven years, giving you the right to dispute inaccuracies, requiring 30-day investigations of disputes, and protecting who can access your credit report.
State-specific regulations may offer protections exceeding federal laws like the FDCPA. Many states have unique laws offering broader protections against debt collection harassment, including shorter contact time limits, stricter calling rules, additional penalties for violations, and protection of certain income from garnishment.
The Wood Law Firm maintains relationships with attorneys in multiple states to ensure maximum protection.
Choosing the Right FDCPA Attorney
An effective FDCPA attorney should possess strong ethical standards, empathy toward clients experiencing financial stress, extensive experience with debt collection cases, deep FDCPA expertise and knowledge of recent court decisions, proven successful outcomes, and ability to represent clients across multiple jurisdictions.
Critical Questions to Ask During Your Consultation
Ask these essential questions:
- How many FDCPA cases have you handled?
- What’s your typical settlement range for cases like mine?
- How do you charge for your services?
- What’s your strategy for my specific situation?
- How long do cases typically take to resolve?
- What are the strengths and weaknesses of my case?
- How will you communicate throughout the process?
- What is your success rate?
- Do you have experience with this specific collector?
- Will you handle my case personally?
Understanding the attorney’s communication style and availability helps set clear expectations. The Wood Law Firm provides personalized representation with over 15 years of experience and millions recovered for clients.
What Debt Collectors Don’t Want You to Know
You don’t have to pay disputed debts immediately. Request validation in writing within 30 days of first contact, and collectors must stop collection until they provide proper verification. Never make a payment until you verify the debt is legitimate, as payment could be seen as acknowledging the debt.
Even time-barred debts (past the statute of limitations) can still be collected, but collectors cannot threaten to sue you. Never make a payment on a time-barred debt without consulting an attorney, as this could restart the statute of limitations. Statutes vary by state, typically 3 to 6 years.
If you settle a debt for less than the full amount, the forgiven portion may be taxable income. Forgiven debt over $600 typically generates a 1099-C form. The Wood Law Firm considers all settlement aspects, including potential tax implications.
About The Wood Law Firm
At The Wood Law Firm, our mission is to protect consumers from predatory practices and ensure fair treatment. We specialize in cases involving the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA). For over a decade, we have fought tirelessly to hold companies accountable and secure justice for our clients.
Our personalized approach, combined with extensive experience and national reach, makes us uniquely equipped to handle your consumer protection needs. We have cultivated strong Of Counsel relationships with attorneys licensed in Arizona, California, Florida, Louisiana, Minnesota, Missouri, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and West Virginia.
About Attorney Jeff Wood
Jeff Wood is an accomplished attorney based in Arkansas with over 15 years of experience specializing in consumer protection. He focuses on cases involving the FDCPA, FCRA, and TCPA, and has recovered millions of dollars for consumers facing illegal debt collection practices. His commitment to consumer rights and extensive litigation experience make him a formidable advocate against abusive collectors.
Success Stories
Workplace Harassment Case: $9,200 Settlement A Florida nurse received daily calls at the hospital despite telling the collector her employer prohibited personal calls. After three weeks of harassment that nearly cost her job, The Wood Law Firm documented violations and filed suit. The case settled within 50 days for $9,200, the debt was forgiven, and the collector paid all attorney fees.
False Arrest Threats: $12,500 Recovery A Texas consumer received threats of arrest and criminal prosecution for an unpaid credit card debt. The collector claimed law enforcement was “on the way” and he would be “taken to jail within 24 hours.” The Wood Law Firm proved these were false representations. The collector settled for $12,500, removed the debt from credit reports, and ceased all collection efforts. The client received the full settlement as the collector paid legal fees separately.
Free Consultation and Next Steps
The Wood Law Firm provides free, no-obligation consultations to evaluate your situation and explain legal options. Contact us by phone at +1 844-638-1122, through our website contact form, by email, or via online chat. We respond to all consultation requests within 24 hours.
What to Expect During Your Consultation
Your consultation includes a case review discussing specific harassment experienced, documentation review of letters, recordings, or call logs, violation assessment identifying potential FDCPA breaches, explanation of legal options and typical timelines, clarification of contingency fee arrangements, and determination of next steps.
Bring all documentation related to the debt and collection activities, including letters, emails, call logs with dates and times, account statements, and recordings if available. The more documentation you have, the stronger your case may be.
Take Action to Stop Harassment Today
The FDCPA provides powerful tools to stop abusive practices and hold collectors accountable. With the right legal representation, you can stop harassment and potentially recover compensation for violations. Debt collectors count on consumers not knowing their rights. By understanding the FDCPA and working with an experienced attorney, you level the playing field.
If you believe a debt collector has violated your rights, contact The Wood Law Firm today at +1 844-638-1122 for a free consultation. Our experienced consumer protection attorneys will evaluate your case, explain your options, and fight for the compensation you deserve. You have nothing to lose and everything to gain.
Frequently Asked Questions
How much does it cost to hire an FDCPA attorney?
Many FDCPA attorneys work on contingency, meaning you don’t pay unless you win. The debt collector pays your attorney fees as part of the settlement or judgment. The Wood Law Firm handles all cases on contingency with no upfront costs.
Can I sue a debt collector even if I owe the debt?
Yes. The FDCPA protects all consumers from illegal collection practices, regardless of whether you owe the debt. Violations may entitle you to compensation even when the underlying debt is valid.
What’s the difference between original creditors and debt collectors under the FDCPA?
The FDCPA applies to third-party debt collectors (collection agencies, debt buyers, attorneys who regularly collect debts) but generally not to original creditors collecting their own debts. Some original creditors may be covered if they use misleading names or operate collection departments separately.
How long do I have to sue for FDCPA violations?
You have one year from the date of violation to file a lawsuit. This statute of limitations is strict, so consult with an attorney as soon as possible after experiencing violations.
Can debt collectors call me at work?
Debt collectors can call you at work unless you tell them your employer prohibits such calls or they have reason to know your employer disapproves. Once informed that workplace calls are not convenient, they must stop. Continuing to call after being told to stop could violate the FDCPA.
What should I do if a debt collector threatens arrest?
This may be an FDCPA violation, as debt collectors cannot threaten criminal action for civil debts. Document the threat (date, time, exact words) and contact an attorney immediately. False threats of arrest are serious violations that could result in significant compensation.
Can I stop all communication from debt collectors?
Yes. Send a written “cease” letter telling collectors to stop contacting you. After receiving this letter, they can only contact you to confirm they’re stopping collection efforts or notify you of specific legal actions. The Wood Law Firm can help draft an effective cease letter.
What is debt validation and how do I request it?
Debt validation is proof that you owe the debt and that the collector has the right to collect it. Request validation in writing within 30 days of first contact. They must provide information about the original creditor, amount owed, and verification of their right to collect.
Can debt collectors contact my family and friends?
Generally, no. Debt collectors can contact third parties only to locate you and usually only once per person. They cannot discuss debt details with third parties and must identify themselves accurately without revealing they’re collecting a debt. Violations could entitle you to compensation.
What happens if a debt collector sues me?
Don’t ignore a lawsuit, even if you believe the debt is invalid or the collector violated the FDCPA. You may have defenses or counterclaims based on violations. Contact The Wood Law Firm immediately at +1 844-638-1122 to understand your options and protect your rights.
What if the debt collector has the wrong person?
If you believe you’re being contacted about a debt that isn’t yours, dispute the debt in writing and request validation. If the collector continues without proper validation, this could be an FDCPA violation. Keep detailed records and consult The Wood Law Firm to protect your rights and credit.
Are there limits on how often debt collectors can call?
While the FDCPA doesn’t specify exact limits, courts have found excessive calling could constitute harassment. Some courts consider more than 7 calls per week excessive. The key is whether calls are intended to annoy, abuse, or harass. Document all calls and contact The Wood Law Firm if you believe frequency is excessive.
What should I bring to a consultation?
Bring all documentation related to debt and collection activities: letters, emails, call logs with dates and times, account statements, and recordings if available. Also bring information about the original debt, when you first heard from collectors, and details about harassment experienced.
Can debt collectors take money from my bank account without permission?
No. Debt collectors cannot take money from your bank account without either your permission or a court judgment. If money is taken without authorization, this could be an FDCPA violation. Contact The Wood Law Firm immediately at +1 844-638-1122 if this has happened.
How long do FDCPA cases typically take to resolve?
Most FDCPA cases settle within 45 to 90 days of filing, though some may take longer depending on the collector’s response and case complexity. The Wood Law Firm works efficiently to resolve cases as quickly as possible while maximizing your compensation.
