How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

May 3, 2024

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

If you believe that a debt collector has violated the Fair Debt Collection Practices Act (FDCPA) in their attempts to collect a debt from you, you may be entitled to compensation. It is advisable to take action by submitting a formal complaint to relevant regulatory bodies such as the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general’s office. Utilizing resources like ZumaZip.com can assist you in addressing debt collection issues preemptively, during, and following potential legal proceedings.

Are you currently dealing with debt collection efforts and seeking to halt them? Do you suspect that FDCPA violations have occurred? If so, we can provide guidance on how to navigate this process effectively and file an FDCPA complaint against the collector in question.

What violations of the FDCPA are grounds for an FDCPA complaint?

It appears you’re facing challenges with debt collection efforts. Various methods, such as phone calls to your residence, mobile, or workplace, as well as written correspondence, may be employed by creditors seeking repayment. These communications might feature assertive or forceful language in attempts to prompt payment from you.

But debt collecting is actually a tricky business for debt collectors. You see, there are laws that make debt collectors do certain things, and laws that stop them from doing certain things. When someone is trying to collect a debt from you, it’s important to know what the law says, and how you can use your knowledge about those violations to your advantage.

This article is going to deal specifically with the Federal Fair Debt Collection Practices Act, even though there might be more specific laws in some places. Additionally, it is important to note at the outset, that the FDCPA only applies to third-party debt collectors, not to the original lender. So if the person doing the collecting is the same person that did the loaning, you may need to look for a solution other than the FDCPA.

Now, the first place to start is with the dos and don’ts.

There are certain things that debt collectors have to do in the course of collecting a debt, and there are certain things that they are prevented from doing while collecting a debt. We’ll go through each one, with a small amount of detail.

If you don’t like lists, then I recommend you look away now. For those still reading, we will proceed carefully.

Debt collectors must do these things

First, as promised, the short list of things that debt collectors MUST do when they contact you:

Tell you they are attempting to collect a debt
Tell you that any information you tell them will be used for the purpose of collecting your debt; and
Tell you their name, as well as the name of the agency they work for

There, that was painless. But now let’s look at the don’ts. This list is a little more intensive than the last. There are rules, exceptions, and exceptions to those exceptions, so buckle up.

Collectors cannot do these things

A list of things that debt collectors MUST NOT do when they try to collect your debt:

Contact you at an unusual or inconvenient time or place, generally before 8:00AM or after 9:00PM without your permission.
Call you at work if they know that your boss does not allow debt collection calls at work.
Contact third-parties about your debt. In other words, they cannot call someone other than you about your debt.
Threaten to use violence, or to harm you or another person’s reputation
Use obscene, profane, or abusive language
Publish your name as someone who doesn’t pay bills
List your debt for sale to the public
Call repeatedly
Claim to be a law enforcement agency
Lie about the amount you owe
Claim to be an attorney
Threaten to do things that they don’t actually intend to do
Use a fake business name
Add fees and interest that weren’t allowed by the original agreement

In regards to not contacting third parties about your debt, there are some exceptions, and this is where the fun begins. Debt collectors can contact:

Your attorney, if you have one. In fact, they must contact your attorney if they know you have one.
A credit reporting agency
The original creditor
And unless you’ve asked them to stop contacting you, they may contact co-debtors, your parents (if you’re a minor), and your spouse

However, if they are trying to find you, they actually can contact third-parties, but they can’t

Tell someone who their employer is, unless asked
Say that you owe a debt; or
Contact the third-party more than once, unless they are asked to do so by the person, or they think the person gave them incorrect information when the person had the correct information

Finally, they cannot send postcards or other insecure means of communication. The purpose of this rule is to make it so that someone who simply sees your mail won’t know about your debt.

There you go! Perhaps slightly more painful than the “must section.” But luckily for you, the internet has many answers.

Now, let’s look at an example.

Example: Amy, who is from Utah, feels like she’s being harassed by debt collectors with LVNV Funding. They have called her before dawn, contacted her family members and disclosed personal information regarding her debt, and some of the things they’ve told her over the phone have been borderline abusive. Amy decides to record her phone calls with the collectors, which is legal in Utah, in order to catch them in the act. Amy does some research online and decides she should report LVNV Funding for violating the FDCPA. When LVNV Funding sues Amy, she files a counterclaim against them for their FDCPA violations. At the end of the day, LVNV Funding withdraws their lawsuit and agrees to leave Amy alone and pay the court’s order for damages cause.

Send a Debt Validation Letter to avoid a debt collection lawsuit

When debt collectors come after you, one of your first lines of defense is sending a Debt Validation Letter. This is a formal request that the collector validate your debt, including the exact amount, proof of your responsibility for the debt, and proof that they have the rights to collect on it.

Many debt collectors have outdated or incorrect information regarding the debt accounts they are trying to collect. Requesting a formal debt validation forces them to prove their claims are legitimate before they can proceed.

Sending a Debt Validation Letter is a great way to avoid a debt lawsuit, and it’s also a great way to get collectors off your back. If they cannot validate the debt, they’ll most likely give up on trying to contact you.

Let’s consider another example.

Example: Midland Credit Management debt collectors keep calling Mark, making him feel imprisoned by his phone. Mark uses ZumaZip to send them a Debt Validation Letter, requesting that they validate the debt before they continue contacting him. After some investigating, the collectors figure out that they don’t have the proper documentation needed to collect the debt and validate it. They cease communications, and Mark feels like a free man again.

Learn more about how a Debt Validation Letter can help you

What you can do about an FDCPA Complaint

Now, let’s delve into actionable steps. If a debt collector has infringed upon the Fair Debt Collection Practices Act (FDCPA) by either failing to fulfill mandated obligations or engaging in prohibited actions, they may face significant repercussions. You hold the power to initiate actions against them, potentially resulting in favorable outcomes for you.

Here’s how:

Firstly, meticulous record-keeping is paramount. Maintain a detailed log of all communication attempts from the collector, noting dates, times, methods of contact, and the content of their messages. Similarly, document every interaction you have with them, including your responses and any pertinent details exchanged. These records serve as crucial evidence in substantiating your case.

Additionally, familiarize yourself with the provisions outlined in the FDCPA to discern instances of non-compliance by the debt collector. Whether it involves improper disclosure of debt information, harassment tactics, or deceptive practices, understanding your rights under the FDCPA empowers you to identify and address violations effectively.

By leveraging your well-documented evidence and knowledge of your rights, you can take strategic steps to hold the debt collector accountable for their actions and potentially secure a favorable resolution.

How do I report FDCPA violations?

Sue debt collectors for FDCPA violations

Perhaps the first option most people think of is getting a lawyer and going to court. There are pros and cons to getting a lawyer. It can be an effective route, but it means that you will have to talk to an attorney (something that most people hope to avoid during their lifetime) as well as having to pay them (also something most people want to avoid).

However, it also means that you won’t have to navigate this whole big process by yourself. It can be nice to have help from someone who knows what’s going on and what to expect.

If you choose to go forward without an attorney, just know that filing your own lawsuit can get tricky. Much of the process is going to depend on what state you’re in, and some things can even change depending on which court you go to in your state. To find a court in your state and to look into their rules use this link.

Generally, you’re going to have to do some basic things though. Often times courts will provide templates for pro se litigants (that means people who sue without using a lawyer). You’ll need to be able to say exactly what happened. Courts like detail, so this is where it comes in handy to have kept a log of every time they tried to contact you, what was said in those contacts, when they happened, and what happened after those calls.

Be ready to give answers to questions like:

who contacted you?
what is their address?
do you owe them money?
how much?
do you have a contract with them?
when was the contract made?
have either of you violated the contract?
what did they say to you?
has anything bad happened to you because they contacted you?

So you can see that it becomes a pretty intense process. ZumaZip.com can connect you with one of our attorneys.

How do I file a complaint against a debt collector?

If you feel like you’ve been treated unfairly by a debt collector, you can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or your state’s attorney general.

Below, we break down each of these methods and provide you with links to appropriate pages for submitting an online complaint.

File an FDCPA Complaint with the Consumer Financial Protection Bureau

The CFPB is a government agency that protects consumers against “unfair, deceptive, or abusive practices and takes action against companies that break the law.” The CFPB deals with thousands of debt collection complaints a month.

The CFPB can help you file a complaint; they have an assortment of tools. They usually hear back from companies in about 15 days, and 97% of consumers hear back in a timely manner.

You can report to the CFPB here.

File an FDCPA Complaint with the Federal Trade Commission

The FTC is also a government agency that deals with many areas of trade in the United States, including fair debt collection. And while you can file a complaint with them, unlike the CFPB, they won’t work with you to get it resolved. The FTC is more of a big picture agency. They bring big cases against companies.

(The FTC has a nice little FAQ page about debt collection available for your perusal.)

You can report to the FTC here.

File a Complaint with the State Attorney General

As was mentioned earlier, this article is mostly focused on remedies under the FDCPA, but states might have specific laws governing debt collection. For example, see Texas.

And while you’re not going to find any specifics on those laws in this article, it still might be a good idea to check in with your state Attorney General.

If you don’t feel comfortable with the Attorney General, you might think about the Attorney Captain instead . . . just saying.

You can find out who the Attorney General is in your state right here.

Report the debt collection agency to the Better Business Bureau

A BBB is not a government agency. They are private organizations that are devoted to making markets work better. As part of this goal, they offer information on businesses and the law.

BBBs offer mediation (not to be confused with medication, which is offered by doctors and pharmacists) and can solve most disputes in this way. They also offer binding arbitration as an alternative to going to court.

In addition, BBBs will also report unfair business practices to law enforcement and appropriate government agencies.

You can report to the Better Business Bureau here.

Potential damages for FDCPA violations

Once you’ve established that the debt collector has violated the FDCPA, you now qualify for relief! This is great news . . . in the sense that you qualify, not in the sense that you’re being harassed. That is not good news.

According to the FDCPA, §813 states:

“Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of –

(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.”

So, in other words, here are some things you may qualify for as a result of their illegal actions:

You could potentially get $1,000 just because they violated the law. You could also be reimbursed for physical and emotional distress. They might have to pay your lost wages, or if your wages were garnished. They might also have to pay your attorney’s fees and costs. And you also might get an order from the court telling them to stop contacting you.

Other people, like your spouse, parents, or co-workers might also be able to sue if they were negatively affected by the collector’s actions.

Key takeaways on FDCPA violations reporting

So if you’ve found yourself in hot water when it comes to racking up some debts, then it’s time to buckle down and start paying attention so you can avoid paying for something you shouldn’t have to.

Noticing FDCPA violations can be tricky, and filing an FDCPA complaint can be even trickier. But hopefully this article has given you a good place to start in your quest for justice under the FDCPA.

If you need help responding to a debt collection claim through a court, check out ZumaZip.com. They will help you fill out the proper documents in the proper ways, and can even have an attorney review the documents and submit them to the court for you if you want.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

Guides on how to beat every debt collector

Hey there! Facing off against a debt collector can feel like a daunting challenge, but fear not! We’re here to help you navigate through it all with our handy guides designed to assist you in beating every debt collector you encounter. Whether you’re facing a new lawsuit or dealing with a persistent collector, we’ve got your back. Stay positive, stay informed, and let’s tackle this together!

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