What remedies are available if a debt collector does not follow the Fair Debt Collection Practices Act (FDCPA)?
If a debt collector in West Virginia does not follow the Fair Debt Collection Practices Act (FDCPA), the consumer has a few different remedies available to them. Firstly, they can file a complaint with the Federal Trade Commission. The FTC investigates debt collectors who violate the FDCPA and may take action against them. The consumer also has the right to file a lawsuit against the debt collector. If the consumer wins the lawsuit, the debt collector may be required to pay damages for any financial losses that the consumer suffered because of the violation. In addition, the consumer may be able to recover their court costs and attorney fees. In addition, West Virginia has its own consumer protection laws which provide consumers with additional protection from unfair debt collection practices. For example, the West Virginia Consumer Credit and Protection Act imposes restrictions on the activities of debt collectors, including prohibiting the use of abusive language or deceptive practices. Finally, the consumer also has the right to contact a consumer law attorney who can provide legal advice and representation. An experienced consumer law attorney can help a consumer understand their rights and remedies and can help them protect their rights.
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