We represented a client who started receiving phone calls to his cell phone from the large debt collector “Portfolio Recovery Associates” out of Virginia.
(Portfolio Recovery sues a hundred Alabama consumers a week but it collects against even more Alabama consumers by letter and phone calls. Let’s take a look at when one of these Alabama consumers fought back against allegedly illegal collection activities by Portfolio).
When he found out the debt this was on, he realized this was a… (Read more)
The FDCPA (Fair Debt Collection Practices Act) applies to debt collectors so most consumers, and most lawyers, think it does not apply to mortgage companies. After all, a mortgage company is not a debt collector, is it?
It may be.
Definition of a debt collector under the FDCPA
A company that receives your debt from some other company and the moment it receives your debt, the debt is allegedly in default.
Let’s break this down with an example of Bank… (Read more)
Yes it does. We have a case right now against a major debt collector who not only told our client this over the phone, not only told her this in a voice mail, but also told our client’s boss and family members the same thing.
This is one of the worst types of violations of the Fair Debt Collection Practices Act (FDCPA). This type of bad conduct is designed to do one thing:
Put enormous pressure on you to pay… (Read more)
You can’t get punitive damages under the FDCPA (Fair Debt Collection Practices Act) but often, at least in Alabama, we sue under state law theories that do allow for punitive damages.
Under the FDCPA you can receive actual (compensatory) damages, statutory damages, and attorney fees.
We previously have covered the damages under the FDPCA which include:
Actual damages are to compensate you for your injuries — whether financial or emotional;
Statutory damages — up to $1000 — are to award… (Read more)
Yes — regardless of what medical or emotional issues you are dealing with, if an abusive debt collector causes you mental anguish, you can recover damages under the FDCPA (Fair Debt Collection Practices Act).
If a debt collector violates the FDCPA, you are entitled to monetary damages which includes “actual” or “compensatory” damages. The most common form of compensatory or actual damages is mental anguish or what is sometimes called emotional distress damages.
In a nutshell, the jury is to… (Read more)
Often when we sue an abusive debt collector the lawyer defending the collection agency will argue to us, or to a judge, that “The violations were only technical ones.”
What does this mean?
A technical violation is a violation that happens to someone other than the defense lawyer.
Stated another way, a technical violation is one that happens to someone else.
You see — a violation that happens to me is important but to someone else? ”They should just get… (Read more)