violation of the fair debt collectons practice act
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violation of the fair debt collectons practice act
I have been contacted repeatedly contacted by a collector for alledged debt that stems back some 10 yrs. I have not heard anything in regards to this for over 8yrs. I have informed them that the statute of limitations has expired even if this was a ligitimate claim and to cease and decist from further contact. They have not. I threated the fair debt collections practices act but they have ignored it. Is it true that they are subjected to 20k for each and every phone call after I inform them to stop contacting me?
Asked on June 19, 2009 under Business Law, Florida
Answers:
LAR, Member CA State Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
First the Fair Debt Collections Practices Act covers consumer debt only. This is debt incurred for personal use. If this is a business related debt, you are not protected by this law.
If this is consumer debt - Judging by the age of this debt and that you haven't heard about it for 8 years indicates that this debt may have been purchased as part of a charged off portfolio and the agency pursuing you is not the original creditor. Your description of the circumstances sounds like you are being harassed. The Fair Debt Collections Practices Acts limits damages to actual damages or a statutory $1000 per violation. This means that in most cases, your damages are limited to $1000. If you hire an attorney who sues the debt collector, you may be able to prove additional circumstances to entitle you to more money, but that is unusual under the majority of cases. Take as much information as you can about who is calling and demand something in writing from them about the alleged debt. Talk to a consumer attorney about your options under the FDCPA.
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