By: Robert Pinchuck
There are thousands of demands made on creditors, collection agencies, debt buyers, and other attorneys every month by FDCPA litigant attorneys. The business is showing no signs of letting up and some will argue it’s about to pick up quite a bit. I spoke to a collection agency veteran who explained his prediction. He states there is more debt owed by consumers to creditors than ever before. Once defaults increase, you know what follows – a very busy debt collection industry. FDCPA and other consumer litigant attorneys will have a heyday especially since business is about to boom.
FDCPA litigation law is a growing practice and we can expect these lawyers and their clients to try and figure out more ways to get money from us good folks in the collection industry. The following is a list of debtor awards to watch out for.
This is where debtors claim to face problems at work because debt collectors call and disrupt their productivity. As a result, they seek lost wages and believe it or not, many times get it.
This seems to be in many complaints and demands. Debtors claim physical distress as a result of getting collection calls and letters and in the near future emails. Also claims of heart problems, skin rashes, and headaches. Also expect that they will go to the doctor and get diagnosed with some stress related issue which will require prescription medication. Doctors love to give scripts, so the more you complain, the more scripts you get. They always claim these issues are linked to an FDCPA violation and as a result, the debtor might recover costs for treatments plus other damages.
Debtors also claim the phone calls, messages, and letters have affected their emotional well-being. I heard from an attorney that his debtor claimed their personality changed because of all the abuse and due to this, his debtor will have problems for the rest of his life. They demanded long term care. Additionally, some claim when a collector speaks to a family member or friend, those relationships have been affected.
On top of what debtors collect for loses with regard to lost wages and distress, debtors can also receive $1,000 from each of their collectors according to the FDCPA. These damages are awarded when the debtor proves his rights under FDCPA have been violated. Just to be clear, even if the debtor proves the violation caused harm, the debtor could get $1,000 per law suit not per violation. So again – if the creditor violates FDCPA regulations multiple times, the consumer still only collects $1,000.
-Attorney’s Fees & Costs
If the violation is proven, the court sometimes allows the recovery of fees. This is very important as this is the way some litigant attorneys get paid.
In addition to awarding a debtor monetary damages, the court can also order the collector to cease all collection activities.
There are many more types of FDCPA violations debtors file claims against looking for financial gain. Does everyone reading this have third party FDCPA training as a part of your operations?
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Don’t risk being the next target of litigant attorneys and their debtor clients!