FDCPA Coverage
The FDCPA (15 U.S.C. 1692) applies to debt buyers. Every communication must comply: no harassment, no false representations, no unfair practices, required disclosures, and validation rights. Violations give you the right to sue for up to $1,000 plus actual damages and attorney fees.
Required Notices
Within 5 days of first contact: written validation notice with amount, creditor name, 30-day dispute rights. Many debt buyers fail this -- a common violation.
Prohibited Conduct
No calls before 8am/after 9pm, no obscene language, no threats, no calling your workplace after told to stop, no contact after written cease request, no misrepresenting the amount. Each violation is actionable.
Frequently Asked Questions
Can I sue for FDCPA violations?
Yes. Up to $1,000 statutory damages per case plus actual damages plus attorney fees. Many consumer attorneys take these on contingency. One-year statute of limitations.
Does the FDCPA apply if they sue me?
Yes. Filing a lawsuit is collection activity. Suing on time-barred debt or in the wrong court may be FDCPA violations.
What happens if I send a cease communication letter?
They must stop except to notify you of termination, specific legal remedies, or that they are suing you. The debt does not go away, but the contact stops.
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