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Should I Immediately Sue After a Debt Collector Violates the FDCPA?

It's almost never wise to try and quickly sue anyone. However, if you believe that you’ve been treated abusively (or in a terribly inappropriate manner) by a debt collector, you need to immediately contact your Peachtree City consumer protection lawyer so you can discuss all of your rights and how you should move forward.                                                                               While you may decide to file a federal lawsuit under the FDCPA, you may have other options. Be sure to ask your lawyer which approach best suits your needs and desired goals.   

            Here are some of the different ways you can initially move forward once you believe a debt collector has treated you in an illegal manner.

Possible Remedies You Can Pursue When Seriously Mistreated by a Debt Collector

  • You may have the option to sue in federal, state or small claims court. Your lawyer can help you determine what losses you’ve sustained and which forum is most likely to provide you with the full justice you deserve. Obviously, the types of damages available can vary between each of these courts;
  • You may want to contact your state attorney general, even if you're also planning to file a lawsuit under the FDCPA. If you decide to contact the AG’s office and give them the names of the individuals and debt collection agencies that have mistreated you, they can keep this information on file and try to use it to help others who may call in after you – regardless of whether you finally decide to file a lawsuit;
  • If your lawyer says that you may not have a viable lawsuit, you may still want to contact the Federal Trade Commission. Since it’s the FTC’s job, along with the Consumer Financial Protection Bureau (CFPB), to make sure all aspects of the Fair Debt Collection Practices Act (FDCPA) are honored, your information may help these agencies accomplish more when similar complaints are filed in the future;
  • Even if you’ve just kept accurate records concerning the debt collector’s many phone calls – and may not be able to pursue a successful FDCPA or state lawsuit, you still have added clout. The collection agency will never know if you may later file a lawsuit – so just be sure to tell them that you’ve kept records regarding all of their contact (which you believe has been excessive). This implied threat may provide you with enough leverage to negotiate a greatly reduced sum to fully pay off your debt.

If you believe that you’re a victim of any abusive debt collection practices, contact the Law Offices of Georgia consumer protection attorney Shane Smith so that you can learn more about your rights under federal and state consumer protection statutes. Call (770) 487-8999 today to schedule your free initial consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia