According to United States Code §1692e, a Debt Collector Cannot:
- Intentionally misrepresent the amount of money that a debtor owes
- Imply that a consumer has committed a crime when they have not
- Use deceptive means to collect on a debt and/or obtain information
- Threaten to take action that cannot legally be taken
- Imply that nonpayment of debt will result in the consumer's arrest or imprisonment, the seizure of their property and/or the garnishment of their wages, unless such action is lawful
- Misrepresent their identity during any collection efforts
Resolving FDCPA Violations
The FDCPA is regulated by the Federal Trade Commission—which means that they alone have the authority to administratively enforce the regulations of the act. You are entitled to file a formal complaint with the Federal Trade Commission if your rights under the FDCPA are ever violated by a debt collector, however, as well as with the state's attorney general and the Better Business Bureau.
In doing so, you can ensure that you will not be subjected to unfair practices again. It is also important to understand that you concurrently have the right to file a civil lawsuit against the creditor that has violated your rights, for damages of up to $1,000. Since the FDCPA imposes strict liability, you do not necessarily have to prove actual damages in order to secure compensation.
Interested in learning how our Chicago bankruptcy lawyer can help you resolve
a FDCPA-related matter?
Contact our office today!