The Fair Debt Collection Practices Act (“FDCPA”) requires debt collectors to follow certain rules when operating their business. These rules pertain mostly to the method and manner of communication by collectors (the federal statute has examples of what practices are considered “unfair”). When a collector violates the rules, they may be found liable for statutory and actual damages plus court costs and reasonable attorney’s fees. FDCPA lawsuits can be initiated by the filing of a complaint or can be included as counter-claims in collection lawsuits. Perhaps the most important requirement of the FDCPA is that the collector provide verification of alleged debts when requested in writing by the consumer within 30 days.
Debt collectors are also bound by the Telephone Consumer Protection Act (“TCPA”), which targets collection behavior such as repetitive automated dialing of someone’s number without their consent. APLG can help you figure out exactly when your rights have been violated and what the next steps are to enforce those rights through the legal process. Sometimes a trial may be necessary, but most times a reasonable deal can be reached outside of court. APLG believes in using aggressive legal strategy coupled alongside reasonable dialogue with adversarial parties to achieve the cheapest, best and least stressful outcomes for our clients.