How to Deal with Debt Collectors Who Violate Your Rights

Even if a debt collector violates the law in a relatively minor way, you can file a formal complaint. Take the following steps to protect your rights:

File a complaint with the Federal Trade Commission: The Federal Trade Commission (FTC) enforces the FDCPA. Whenever a debt collector violates that law, you should file a complaint with the FTC. Although the FTC will not go after the debt collector on the basis of your complaint alone, enough complaints about debt collectors working for the same company may equal a law suit against the company. Your complaint can help the FTC build its legal case.

You can file your FTC complaint online. You can also register your complaint by calling the FTC at 800-382-4357, or you can write to the FTC at Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

Be specific about how and when the debt collector violated your legal rights. If you have any documentation that helps prove the violation, mail your complaint to the FTC and attach copies of the documentation to the letter. Send a copy of your complaint to the debt collector. Just knowing that you have contacted the FTC may convince the debt collector to stop the illegal behavior.
Contact your state attorney general’s office: If your state has a law that applies to debt collectors, file a complaint about the debt collector with your state attorney general’s office. Your attorney general’s office won’t sue a debt collector on your behalf alone, but your complaint may help the office build a legal case against a debt collection company.
Consult a consumer law attorney: Consult a consumer law attorney as soon as a debt collector violates your federal or state debt collection legal rights. The attorney may suggest sending a letter to the debt collector warning that if the behavior continues, you will file a lawsuit.

If the debt collector’s behavior has been especially nasty —telling your employer about the money you owe, harassing you constantly about your debt, showing up at your home to threaten you with dire consequences, and so on — or if the attorney’s letter to the debt collector does not accomplish its goal, the lawyer may recommend that you file a lawsuit.

You can sue for actual and punitive damages under the FDCPA. When you sue for actual damages, you are asking the court to order the debt collector to reimburse you for the harm that he did to you. That harm may include lost wages and out-of-pocket expenses, as well as pain and suffering. If you ask for punitive damages as well, you are asking the court to make the debt collector pay you additional money as a way of discouraging him from breaking the law again.

Comments (3)

Posted by john molloy JANUARY 01, 2009 | 09:33AM
i owe a coworker moneyand have been paying her back monthly,now she has a civil judgement hearing set.she told my employer and family members trying to discredit me what can i do

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Posted by How to Get Six Pack Fast APRIL 15, 2009 | 10:50AM
After reading through the article, I feel that I need more information on the topic. Can you suggest some more resources please?

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Posted by coolaid SEPTEMBER 04, 2009 | 04:43PM
I work for an atty collection agency. my agency tries to hold a higher standard then what the law allows us, but even with that I see the law broken at our agency every day consistantly. it's sick to think so many people are in debt and it's not like years ago. now we are talking good hard working people that have had their feet pulled from under them. When a debtor requested that we explain what bill i was trying to collect and we pulled out her bankruptcy do to lack of in house info, she then told me to lie about the debt saying it was a bill from the br when it clearly was not. those bills were 7 years apart. I could not do it and she pretty much let me know that's how the business is done and if i didn't learn fast i would be gone even faster.

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