What is an FDCPA violation?

An FDCPA violation occurs when a debt collector behaves in an unethical manner while trying to collect a debt from a consumer. This can include any action taken that violates the Fair Debt Collection Practices Act (FDCPA). This act is in place to protect consumers from unfair debt collection tactics and abuses by debt collectors. FDCPA violations are common in Kansas due to Consumer Debt Defense Law. Examples of FDCPA violations include debt collectors calling the consumer outside of the allowed eight hours a day and thirty days a month, calling the consumer at work or sending emails when the consumer has requested debt collectors not to do so, or using harassing language or threatening behavior in order to collect a debt. It is also a violation for a debt collector to misrepresent themselves or the amount of debt owed, and to add unauthorized fees to a debt. The consequences of an FDCPA violation are severe. Consumers can take legal action against the debt collector and can receive up to $1,000 in damages, plus legal fees. Additionally, a debt collector who violates the FDCPA may be subject to criminal prosecution if the violation is found to be serious and deliberate. Due to the Consumer Debt Defense Law in Kansas, it is important for consumers to familiarize themselves with their rights under the FDCPA. Consumers should always keep records of any interactions with debt collectors and report any violations of the FDCPA to the Consumer Financial Protection Bureau.

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