FDCPA Violation Attorney Tampa
The Fair Debt Collection Practices Act (FDCPA) was established by Congress in an attempt to curb creditor use of “abusive, deceptive, and unfair debt collection practices” which became methods used by creditors to maximize their profits. Some common creditor actions that may be considered violations include verbal abuse, physical threats, threats of jail time or garnishment of wages, the creditor’s sharing of consumer’s personal information with neighbors, friends or co-workers, and a creditor’s continuance of any of these actions in spite of the consumer’s request for the abusive actions to stop.
A creditor’s repeated phone calls may amount to an FDCPA violation. The statute specifically prohibits abusive tactics used to “harass” or “annoy” the consumer. For example, a court held that six voice-mail messages left on a home answering machine within a ten day period qualified as harassment and an unfair practice. Even in the absence of voice-mail messages, it has been held that harassment exists if there are multiple calls. Possible violations will likely turn on the pattern and volume of calls.
Consumers may dispute debts orally or in writing and once a debt is disputed the FDCPA requires a collector to notify the credit bureau of the dispute if the debt is a reported one. This requirement applies even where the consumer simply inquires about the validity of extra charges and fees. The creditor has no right to make an independent determination of whether or not the dispute has merit. As long as the consumer disputes any part of the debt in some way, the creditor is required to report this information to any credit agency receiving information about the disputed debt. In addition, this information must be reported by the creditor in a timely manner. A recent Pennsylvania case held that seven months was an unreasonable delay.
If a creditor or a creditor’s attorney seeks to obtain a garnishment of wages, any affidavit used in obtaining the garnishment is subject to the FDCPA. For instance, if a creditor attests to having a reasonable belief or basis that certain property is nonexempt and garnishable when the debtor is in bankruptcy, and the property is not in fact exempt, this affidavit may be considered a violation of the FDCPA.
It is also important to note that the Fair Debt Collection Practices Act is separate and distinct from Florida’s Consumer Collection Practices Act (FCCPA). Some violations may fall under both statutes and two separate actions may be maintained under each statute for the same violation. Under both the FDCPA and FCCPA, a consumer can recover actual damages, statutory damages up to $1,000 and attorney’s fees and costs. Statutory damages are determined based on the nature of the violation and whether it was intentional.
If you believe a violation of this act may be adversely affecting you, please contact Yesner & Boss, P.L. today to schedule a free initial consultation to find out what your rights and alternatives may be.
