I have lost my New Jersey job and have fallen behind in paying the bills. One account has been turned over to collections and now I’m being harassed. Does the Fair Debt Collection Practices Act allow me to sue the collector?

In short, yes. If a debt collector has violated your FDCPA rights, you have a legal right to sue. In general, you must prove that:

  • The collection agency violated your rights through harassment, false statements, or other unfair practices spelled out in the FDPCA.
  • That you have suffered damages as a result of these unfair practices.

As Trenton fair debt collection attorneys, we represent victims of unfair practices and you do have the right to sue a collector. The Federal Trade Commission (FTC) explains your rights on their consumer information page. Here are some of the most important facts about filing FDPCA lawsuits:

  • This suit should be filed within a year from the date the law was violated.
  • The suit can be filed in either a state or federal court.
  • Your suit can include damages. A judge can order the collector to pay you for losses you suffered due to unfair debt collection practices, including lost wages and medical bills.
  • Even if you are unable to prove damages, the judge can award you up to $1,000 if the collector violated FDPCA laws.
  • In addition, you can be awarded the costs of legal representation and court costs.
  • If a group of people has suffered from FDPCA violations, it can file a class action lawsuit and recover up to $500,000, or one percent of the net worth of the collector, whichever is less.

If you have any questions about debt collection violations, please don’t hesitate to contact the experienced team at Gaylord Popp in Trenton:  888-716-8086. The initial consultation is free.