What remedies are available if a debt collector violates the Fair Debt Collection Practices Act?

If a debt collector violates the Fair Debt Collection Practices Act (FDCPA) in Minnesota, the consumer has certain remedies available. One remedy is the right to sue the debt collector in a court of law. The consumer must do this within one year of the debt collection violation. The consumer can also file a complaint with the Minnesota Department of Commerce. The Department can investigate the debt collector and, if the collector is found to have violated the FDCPA, they can be ordered to pay fines and damages. The consumer can also sue the debt collector to stop the violation and to get damages for the harm the violation caused. The consumer may be entitled to damages including actual damages, statutory damages, and attorney’s fees. Actual damages are those which are a direct result of the violation, such as a reduction in credit score or other financial losses. Statutory damages are a set amount of money determined by the court based on the violation. Attorney’s fees may also be awarded to the consumer. The most important remedy the consumer has is the right to be treated fairly and not to be harassed or abused by debt collectors. If the consumer believes their rights have been violated, they should contact an attorney for advice on what remedies are available to them and how to go about pursuing them.

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