What Can You Recover in a FDCPA Lawsuit?

Florida Consumer Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) gives you the right to file a lawsuit against a debt collector who has violated the law by harassing you.

You can seek injunctive relief through the FDCPA. This means you can sue to get the debt collector to stop calling you or sending you letters.

You can also seeking the following types of financial relief:

  • Actual damages – This is compensation for any actual harm you have suffered as the result of the debt collector’s violation of the FDCPA. This includes compensation for:
      • Physical harm – You may have suffered a heart attack or stroke, high blood pressure or reactions such as a skin rash due to the debt collector’s conduct.
      • Emotional harm – You may have suffered extreme mental anguish as a result of the debt collector’s harassment that has required medication or counseling.

You can seek compensation for any medical expenses you have suffered as well as for all other losses. For instance, you may have lost your job because the debt collector called you repeatedly at work. If you are self-employed, you may have lost income opportunities because of the debt collector’s illegal actions. 

  • Punitive / statutory damages – The FDCPA also allows you to recover damages based solely on the debt collector’s violation of the law. In other words, you don’t need to show that you suffered harm due to the debt collector’s conduct.

These damages are limited to $1,000 per individual lawsuit. If it is a class-action lawsuit, the amount is capped at $500,000 or 1 percent of the debt collector’s net worth – whichever is less.

  • Attorney fees and costs – Finally, you can also recover all costs and attorney fees you have incurred in bringing a lawsuit against the debt collector.

Any person actually harmed by a debt collector’s violation of the FDCPA can bring a lawsuit – not just the debtor. For instance, if you are a family member or co-worker who was constantly called by a debt collector, you may have the right to seek compensation. 

Get Help Today from the Florida Debt Fighters

The Florida Debt Fighters can review your case and determine whether you have a valid claim for damages under the FDCPA. Ultimately, we can take legal action on your behalf and pursue compensation you deserve. Don’t wait: Contact us today and get started on your case. 

For More Information

15 USC § 1692k, Civil liablity, Fair Debt Collection Practices Act