Can I file a lawsuit against a debt collector in violation of the Fair Debt Collection Practices Act (FDCPA)?
Yes, you can file a lawsuit against a debt collector in violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that protects consumers from abusive and misleading debt collection practices. In South Dakota, the Consumer Protection Division of the Attorney General’s office enforces this law. It is illegal for debt collectors to engage in unfair or deceptive practices when attempting to collect a debt. If you believe the debt collection practices of a debt collector have violated your rights, you may file a lawsuit against them. You may be eligible to receive damages of up to $1,000 plus any actual damages you suffered and attorney’s fees and court costs. You may file a lawsuit in state or federal court within one year of the alleged violation. It is important to remember that South Dakota is an “at-will” employment state, which means that employers do not need to have a “just cause” to terminate you. Even if you believe you have been a victim of a violation of the FDCPA, it is important to understand that you may not be able to successfully pursue a lawsuit if the debt is accurate and the debt collector has acted legally. It is important to speak to an attorney who can help you determine if you have a valid claim.
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