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Violations Of The Fair Debt Collection Practices Act Rise

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Violations Of The Fair Debt Collection Practices Act Rise

After something of a decline in 2012, the volume of lawsuits filed by consumers claiming violations of the Fair Debt Collection Practices Act (FDCPA) increased in January 2013, on a year-over-year basis.  932 cases were filed under the FDCPA in January 2013, which is a seven percent increase from the number filed in January 2012.Compared to 2011, 2012 saw 6.8% fewer FDCPA lawsuits filed.  But 2012 saw a sharp increase in Telephone Consumer Protection Act (TCPA) lawsuits; this trend continued in January 2013, with 153 TCPA lawsuits filed in the month.  And this is up 82 percent from the same period in 2012.  With increased pressure in the court system, and stepped-up scrutiny by the Federal Trade Commission, unethical debt collectors are finally facing some legal obstacles.If a collection agency has harassed you, you may be entitled to money damages up to $1,000.00, based on the FDCPA, which has been around for almost 35 years.  The FDCPA is a federal law that applies to every state.  In other words, everyone is protected by the FDCPA.  The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.  Plus, the FDCPA has a fee-shift provision.  This means, the collection agency pays your attorney’s fees and costs.  Founding attorney, Michael Agruss, has settled over 1,500 debt collection harassment cases.  We want to help you, too.

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