What Is A “Technical Violation” Of The FDCPA?

What Is A “Technical Violation” Of The FDCPA?

What Is A "Technical Violation" Of The FDCPA?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 when we are talking about the Fair Debt Collection Practices Act (FDCPA)?

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 over it.”  So when you read about a defense lawyer or a collection agency spokesperson talk about “technical violations” always remember that they are only talking about violations that happen to someone else.

The most vengeful people in the world who contact us are people in the industry who are being collected on.  When they get a letter from another collection agency, they decide that a comma out of place deserves punitive damages.

But when their agency calls your neighbors, your friends, your co-workers . . . well . . . that is simply a minor oversight resulting in a “technical violation” not worth anyone’s time or attention.

If a debt collector has harassed you — don’t let anyone tell you it is simply a minor violation or a technical violation.

There are only two choices:

  1. It is a violation
  2. Or it is not a violation

Now, it may or may not make sense to file a lawsuit.

That involves judgment as to the nature of the violation, the company who violated the law, the damages this caused to you, and whether it makes sense in the overall picture of your situation to file suit.

Contact Us.

If you live in Alabama and you have a collection agency that has broken the law, or you wonder if they have broken the law, then give us a call.

Our phone number at Watts & Herring, LLC is 1-205-879-2447.

You can also  contact us through our website.

Thanks for reading, and have a great day!

-John G. Watts

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