FDCPA - What can I get?
Greg Artim and Clay Morrow
The Fair Debt Collection Practices Act (FDCPA) allows a private individual to bring a claim against a debt collector who has violated the rights of that individual. The law allows for recovery of statutory damages plus actual damages plus recovery or reasonable attorney fees.
Looking at these damages one by one, you will see that an FDCPA claim can provide you with alot of relief.
The first part of the damages is called Statutory damages. This means that every violation of the FDCPA entitles the aggreived individual to receive up to $1000 in "statutory damages". This means that even if you suffered no real loss as a result of the FDCPA violation by the debt collector, you still may receive up to $1000 per violation.
The second part of the damages is called Actual damages. Actual damages are incurred where you can point to specific instances of monetary loss as a result of the debt collector's violation. One example of this occurs where a debt collector illegally sues you. You then hire an attorney. Whatever you pay that attorney can be seen as Actual damages and thus is potentially recoverable under the FDCPA.
The third part of the damages is the recovery of reasonable attorney fees. This means that if you bring a claim under the FDCPA against a debt collector and you are successful, the debt collector is responsible for your attorney fees. In that regard, we never charge an out of pocket fee to the consumer who hires us to bring an FDCPA claim. We know that the debt collector is going to pay our bill, so you end up with a free attorney to help you pursue your FDCPA claim.
If you think that your rights have been violated by a debt collector, simply call our office at 412-281-1250 or 1-888-536-6644 or send an email to Morrow & Artim