Know your Debt Rights

The Fair Debt Collection Practices Act (FDCPA) helps to promote fair debt collection and to provide consumers with an avenue for disputing and obtaining validation of debt information by eliminating abusive practices by debt collectors. The consumer can dispute the claims of a debt collector and, ask for validation of their debt information. The FDCPA lays down guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors and prescribes penalties and remedies for violations of the Act.

The FDCPA provides a private right of action against violators. This means that you can get a lawyer and sue for damages. Under this law, the violator may be sued even though you have not incurred any actual out of pocket damages and the violator must pay for your attorneys' fees.

Some of the actual damages which are awardable include stress related injuries, heart attack, angina, chest constrictions, miscarriage, ulcers, diabetic flare-up, shock, loss of appetite, crying, nightmares; insomnia, night sweats, emotional paralysis, Inability to think or function at work, headaches, anxiety, nervousness; fear and worry, hypertension (elevation of blood pressure), stress to children, irritability, hysteria, embarrassment, humiliation, indignation, pain, suffering and many more.

    Debt collectors must follow these guidelines to be in compliance with the FDCPA:
  • 1. Identify themselves and notify the consumer in every communication, that the communication is from a debt collector and that information received will be used towards collection of the debt.
  • 2. Give the name and address of the original creditor upon the consumer's written request made within 30 days of receipt of the validation notice.
  • 3. Notify the consumer of their right to dispute the debt, in part or in full, with the debt collector. The validation notice is required to be sent by debt collectors within five days of the initial communication with the consumer. The consumer's receipt of this notice starts the clock running on the 30-day right to demand validation of the debt from the debt collector.
  • 4.Provide verification of the debt If a consumer sends a written dispute or request for verification within 30 days of receiving the validation notice, then the debt collector must either mail the consumer the requested validation information or cease collection efforts altogether. Verification should include at a minimum the amount owed and the name and address of the original creditor.
  • 5.File a lawsuit in a proper venue. A debt collector may file a lawsuit, if at all, only in a place where the consumer lives or signed the contract.