What remedies are available if a debt collector does not follow the Fair Debt Collection Practices Act (FDCPA)?
In Maryland, if a debt collector violates the Fair Debt Collection Practices Act (FDCPA), you have the right to seek relief from the collector’s illegal practices. Under federal law, you can sue the collector in either state or federal court within one year of the date of the violation. If the court finds that the debt collector violated the FDCPA, you may be entitled to damages and certain other relief. The court can order the debt collector to stop any illegal practices and you may be awarded monetary damages to compensate you for any injuries you have suffered as a result of the collector’s actions. This could include actual damages, psychological injury, or attorney fees incurred as a result of the violation. The court may also award punitive damages in some situations. Punitive damages are intended to punish the debt collector in order to prevent them from committing the same infraction again in the future. Lastly, the court may order the debt collector to pay you a civil penalty for each violation of the FDCPA. The penalty is usually up to $1,000. In addition to filing a lawsuit, you can also file a complaint with the Federal Trade Commission (FTC), which enforces the FDCPA. The FTC may take action against the debt collector and you may be eligible to receive a refund or other relief if they find that the debt collector has violated the law. It’s important to remember that seeking relief from a debt collector’s violation of the FDCPA depends on the specific circumstances of each case. If you believe that you have been treated unfairly by a debt collector, contact an experienced consumer law attorney who can help you understand your rights and pursue relief on your behalf.
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