What remedies are available if a debt collector does not follow the Fair Debt Collection Practices Act (FDCPA)?
If a debt collector in Washington does not follow the Fair Debt Collection Practices Act (FDCPA), individuals have legal rights and remedies available to them. Firstly, individuals can take civil action against the debt collector to collect damages for any violations of the FDCPA. Damages can include actual damages, such as a cost of medical bills due to stress related issues caused by the debt collector. It can also include damages for emotional pain and suffering. Finally, punitive damages may be claimed, which is an additional sum of money to punish the debt collector and deter future violations of the law. Individuals can also file a complaint against the debt collector with the Federal Trade Commission (FTC). The FTC enforces the FDCPA, and if they find the debt collector has violated the law, they can take action against them. This could include filing a lawsuit or ordering the debt collector to stop certain practices. In addition, individuals can also seek a cease and desist letter from the debt collector. This letter tells the debt collector to stop all contact with the individual, which is legally binding. Furthermore, individuals have the right to file a complaint with the Washington State Attorney General’s Office against a debt collector for any violations of the law. Lastly, individuals can contact a collection defense lawyer to help them through the process. A lawyer can advise them of their rights, assist in filing a complaint, and represent them in court, should the need arise.
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