The FDCPA provides significant protections to consumers, and promotes the ethical practice of debt collecting. Simply stated, the law requires debt collectors to obey the law. Debt collectors cannot harass, they cannot threaten bodily injury or harm, they cannot disregard rules of courts.

We take violations of the FDCPA seriously.

We go after debt collectors who cross the line, and break the law.

And, we win.

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What We Do

Many clients come to McLeod Law Offices seeking relief from debt and protection from their creditors. Virtually all of our clients have tried to manage their debts and for reasons beyond their control, have not been successful. All of our clients deserve the chance to break free from debt and get on with their lives. That is difficult, if not impossible to do when unscrupulous debt collectors disregard the law – making life for people trying to deal with their debt all the more difficult.

We take violations of the FDCPA seriously.

The FDCPA is not a complicated law. The law was enacted over 25 years ago in response to abusive conduct by collection agencies, and concern that these abuses were among the leading causes of an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies seeking to collect legitimate debts, while providing protections and remedies for consumers.

Yet, despite this law some debt collectors, either willfully or simply out of their own ignorance of the law repeatedly engage in unlawful and at times abusive collection practices.

Congress did not pass this law so it could be brazenly ignored. It passed this important law with the expectation that debt collectors would obey it, and if they did not, they would have to answer for their actions in a court of law. We take violations of this important federal law very seriously.

This benefits you in two ways:

• Your rights are protected and enforced. If a debt collector violates the act, we can file suit to enforce your rights and obtain damages.
• You can obtain extra money that can be used to pay honest creditors.

Even if you still wish to file bankruptcy, we can pursue these claims for the benefit of your bankruptcy trustee, and ultimately, your honest creditors.

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Who does the law apply to?

The law applies to any individual or any entity that is regularly engaged in the practice of collecting debts. This includes, but is not necessarily limited to: collection agencies, attorneys, creditors who misrepresent themselves, repossession companies, and purchasers of debt.

The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts.

The FDCPA does not apply to creditors collecting their own debt, such as a credit card company who is calling you. It also does not apply to government employees, business debts and credit counselors.

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What are some examples of violations?

Examples of violations include but are not limited to the following:

Examples of violations we successfully litigated on behalf of our clients

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Your Rights and Remedies

If you suspect that you have been the victim of an unlawful attempt at debt collection, contact us. It is important you know that you have only one year from the date the occurrence to bring an action.

A suit can be brought in state or federal court, or it can be brought as a counterclaim or third-party complaint if you are being sued for the debt.

The FDCPA is a strict liability statute. If it is violated, the court must order the debt collector to pay damages, attorneys’ fees, as well as statutory punitive damages. Damages can include personal injury damages such as stress and humiliation; injury to reputation; and family strain; and as loss of job.

If debtors do not enforce and protect their rights under the statute, these debt collectors can continue their illegal conduct despite Congress’ clear mandate prohibiting it. It is only through enforcement of the law in our courts that consumers can be protected.

If you believe a collector has violated the Fair Debtor Collection Practices Act, please contact us. In addition please request our FDCPA Bulletin: “The Fair Debt Collection Practices Act: What You Need to Know, What We Do, and What You Can Do.”

This Bulletin lists out more examples of prohibited conduct, and gives you helpful tips on how to combat abusive debt collection practices.

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