How to File a Claim Under the Fair Credit Debt Collection Practices Act

The Fair Debt Collection Practices Act or FDCPA protects consumers from unfair, deceptive or abusive practices related to debt collection. Under the act, debt collectors may not call you before 8 a.m. or after 9 p.m. They also must cease contact if you send a letter asking them to stop. A debt collector may not use profanity or threaten to harm you. He also cannot falsely claim you have committed a crime or threaten to have you arrested. If a debt collector has violated the FDCPA, you can file a claim by reporting the violation.

Instructions

1

Contact your State Attorney's office (see Resources). Provide it with information regarding the FDCPA violation. The office can prosecute the debt collector on your behalf. It may require you to file a formal claim by completing a complaint form.

2

Report the violation to the Federal Trade Commission or FTC. It records complaints related to bad business practices such as FDCPA violations. The complaints are entered into the FTC's Consumer Sentinel database where the information is used by civil and criminal law-enforcement authorities. You can report the violation by calling 1-877-FTC-HELP or using the FTC's online complaint form (see Resources).

3

Sue the debt collector. You can file a lawsuit against the debt collection agency. If you win, a judge may award you $1,000 even if you can't prove you suffered damages. You can also be reimbursed for attorney fees and costs.