FDCPA Damages – FDCPA Attorney in Phoenix
If a debt collector has violated the FDCPA a consumer is entitled to sue the debt collector in court and recover actual damages as well as statutory damages of up to $1,000. The statute of limitations for an FDCPA violation is one year from the date on which the violation occurred.
Actual damages are recoverable for physical distress as well as emotional distress. In addition, a consumer may be able to recover lost wages if a debt collector has been found to be to harassing the consumer, a co-worker or employer at work. Finally, if a debt collector garnishes a consumer’s paycheck in violation of FDCPA these funds may be recoverable. When asking the court for actual damages the consumer must prove the connection between the debt collector’s conduct and the emotional or physical distress and/or monetary damages to the consumer. The fair debt collection practices act does not limit the amount of actual damages a consumer may be awarded.
Statutory damages are awarded under the FDCPA up to $1,000. With statutory damages the consumer must only prove that the debt collector violated the Fair Debt Collection Practices Act, and is not required to prove that the FDCPA violation caused any harm. In determining the amount of statutory damages to be awarded the court will consider such factors as the frequency and persistence of the noncompliance with the FDCPA, the nature of the noncompliance and the intentional nature of the noncompliance. In addition to actual damages and statutory damages, if an FDCPA violation was found to have occurred, the debt collector may be held liable for the consumer’s attorney’s fees and costs.
For more information concerning the Fair Debt Collection Practices Act or damages associated with such claims, contact Instant Settle Consultants to speak with an experienced FDCPA attorney in Phoenix.