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  1. #1
    Join Date
    Jun 2005
    Posts
    10

    Default Violation of FDCP - What can be done???

    There is a collection agency who is badgering me, which I believe borders on harrassment, though, they are a collection agency - so I get what their job is.

    After a couple of weeks of numerous phone calls per day, every day of the week I got smart and researched my rights. Since the company hasn't sent me anything in the mail, and they say that the debt they are trying to collect was acquired from the original creditor, how can I be sure that it really is what they say it is??

    In any event, I sent a letter to the company (certified,return receipt) asking to only contact me by mail and to not call by phone.

    They continue to call and leave rather obnoxious messages on my cell phone (which I have saved), they sometimes call and hang up three or four times in a row and they continue to call at a minimum of once per day, even though they received the letter last week. They also called a neighbor (who we don't even know) and had them put a note on our door to contact the company.

    I understand from the FDCP that I have certain rights to recover "damages" from these numerous violations - but what are "damages"?? Other than stressing me out and using up my cell phone minutes and gosh knows what they said to the neighbor for them to put a note on our door.

    Any assistance out there???

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default FDCPA Damages

    According to this article on the Fair Debt Collections Practices Act,
    Quote Quoting What Remedies Are Available If The Debt Collector Violates The Law
    Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00. You may also be able to recover court costs and attorney fees.

  3. #3
    Join Date
    Jun 2005
    Posts
    10

    Default

    I understand the ability to sue...I am questioning what are considered "damages".

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