Violation of the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers against illegal practices by creditors. The law is also reflected in numerous state laws that were enacted after its inception. Before a creditor’s actions can constitute a violation of the FDCPA or similar state laws, four criteria must be met:

1. The debtor must be a consumer.
2. The debt must be a consumer debt, as opposed to business debt.
3. A debt collector must pursue the debt.
4. The collection action must violate the FDCPA or similar state laws.

As a strict liability statute, the FDCPA requires that violators pay a $1,000 fine to the debtor as well as the debtor’s attorneys’ fees. There are a variety of situations that qualify as FDCPA violations. Some of the most common include:

• Telephone harassment that intentionally inflicts emotional distress.
• Telephone harassment that negligently inflicts emotional distress.
• Malicious prosecution where the debtor is sued to induce stress.

Being in debt can be stressful, and unscrupulous debt collectors attempt to prey on people’s stress to motivate them to pay a debt. If you feel that you have been or are being harassed by a debt buyer or a debt collection agency, contacting an attorney who has experience upholding the FDCPA or similar state laws is the best way to stop the harassment and hold the violators legally responsible.