Dessaules Law Group

FDCPA

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behaviors and actions of debt collectors who are attempting to collect debts on behalf of another person or business entity.

This act is designed to protect individuals from abuse, deception, and unfair debt collection practice. It prohibits debt collectors from using misleading, false, or deceptive representations in the pursuit of debt collection. Furthermore, it prohibits the use of unfair or unconscionable means to collect debts. This includes the attempt to collect on debts that the debt collector is not legally entitled to collect. 

COMMON FDCPA VIOLATIONS INCLUDE:

  • Calling you before 8 in the morning or after 9 at night.

  • Calling third parties more than once in an attempt to locate you.

  • Telling third parties that they are attempting to collect a debt from you.

  • Attempting to collect on a debt that is not valid (e.g. one that you previously paid or has been barred by the statute of limitations).

  • Making threats or implying jail time or other legal actions for reluctance to pay

An FDCPA claim can be opened by an individual or it can be brought on as a class action suit. Damages under an individual lawsuit can include actual damages, statutory damages up to $1,000.00, and attorney’s fees. The damages for class actions can include actual damages, statutory damages up to $500,000.00 or 1% of the net worth of the debt collector, and the attorney’s fees.

Our Phoenix small business attorneys can assist businesses of all sizes, including small businesses, and their owners with any legal questions, concerns, or problems they may have. "Business law" is a term covering a variety of business-related legal disputes, including partnership and shareholder disputes, contract disputes, and a host of other business conflicts. If you own a business or have a dispute with a business, we can help. And no matter if you are a large business or small business, it’s vital to have quality legal representation to ensure your business is protected.