FDCPA Violation: Abusive Language From Debt Collectors
So you’re dealing with a debt collector, and they start using harsh language towards you.
Does that violate the FDCPA (Fair Debt Collection Practices Act)?
Yes, it does.
When they use language that harassing or offensive, the debt collectors are breaking the law.
You may be wondering, “Well, what is abusive language under the FDCPA?”
It could be the debt collector cussing you out, or the collect may be making improper threats against… (Read more)
What is a removal of my case from state court to federal court?
This is where a state case is moved (“removed”) to federal court.
So the case literally started in state court and now is transferred to federal court. That’s basically what this means.
This is the right of a defendant who is sued in state court if one of two things has happened.
The first situation is when there’s a federal claim involved.
Let’s say you sue an… (Read more)
You can receive up to $1,000.00 in statutory damages under the FDCPA (Fair Debt Collection Practices Act).
Note: This is different than the TCPA (Telephone Consumer Protection Act) where you can receive statutory damages of up to $1500 per illegal call/text.
Let’s talk about:
What are statutory damages in general?
What are the factors in how much you can receive?
Examples of statutory violations that would lead to damages.
What other damages can you get in an FDCPA suit?
If… (Read more)
Summary
If you were sued by a debt collector (debt buyer) and your case was dismissed with prejudice, then this is the same as winning your case. (I’m not talking about a settlement but where the court does this outside of a settlement). And we are only talking about Alabama law — other states may be different.
As a dismissal with prejudice is the same as winning your case, this has important implications.
You do not owe the debt to… (Read more)
You are tired of dealing with abusive debt collectors so you are going to sue them under the FDCPA (Fair Debt Collection Practices Act). But the question becomes: Where do you sue? State or federal court?
You can sue in either court under the FDCPA
You have the option — sue in state or in federal court.
Let’s look at why you have this option then we’ll go through the advantages of each court as you decide where to file… (Read more)
“What’s the difference between a tax collector and a debt collector?”
This is a question I was asked recently, and I thought I’d share it with you.
A tax collector works for the IRS, and they handle any cases where money is owed to the IRS.
This is the person who is calling you and letting you know that the IRS says that you owe money.
They only work for the IRS.
(States tend to have their own tax collectors… (Read more)