If a debt collector violates the Fair Debt Collection Practices Act, or FDCPA, the consumer has certain rights under the law. One of these rights is the ability for the consumer to recover monetary damages from the violating collector.
6 Types of Monetary Damages Following an FDCPA Violation
What are the potential categories for monetary damages that a consumer may pursue after an FDCPA violation? The following is an overview:
- Physical distress. If you suffer from physical damage caused by debt collection efforts, such as stress-related heart problems, migraines, or skin rashes, you may be entitled to damages for the cost of treatment.
- Emotional distress. Harassment during the debt collection process can certainly cause harm to your emotional well-being. Your relationships may suffer as a result. A debt collector who violates the FDCPA may be liable for the cost of treatment for this distress.
- Lost wages. If you face problems at work because of the harassment of a debt collector, you may be able to recover lost wages.
- Wage garnishment. If a debt collector violated the FDCPA and your paycheck has been garnished, you may be able to recover the garnished funds.
- Statutory damages of up to $1,000. The terms of the FDCPA allow consumers to recover damages up to $1,000 from a debt collector. This amount is above and beyond other forms of damages that a consumer may be entitled to. To obtain this amount, a consumer merely has to prove that the collector violated the FDCPA. The consumer does not have to prove harm.
- Attorney costs and fees. If a collector violated the FDCPA, the court may allow the debtor to recover attorney’s fees and costs.
In addition to monetary remedies, consumers may also be entitled to other forms of remedies as well. It is important to seek assistance from an experienced attorney in order to ensure that your legal rights are fully protected. We encourage you to contact us today at 804-282-7900 for more information.