What are the penalties for violating the Fair Debt Collection Practices Act (FDCPA)?
In Delaware, the penalties for violating the Fair Debt Collection Practices Act (FDCPA) can vary depending on the severity of the violation. Generally, those who violate the FDCPA can be fined up to $1,000 and be held liable for debtors’ legal fees and damages. In addition, any collection agency or individual debt collector found to be in violation of the law could have their business license revoked. For violations deemed more severe, courts may issue an injunction to stop the collection activity or levy criminal penalties. The FDCPA prohibits debt collectors from engaging in unfair or deceptive practices and harassing debtors. This includes calling debtors late at night or early in the morning, calling in excess or without disclosing their identity, or making any threats of violence or jail time. Debtors who believe their rights have been violated under the FDCPA can take legal action, but they must file a complaint within one year from the date of the alleged violation. Depending on the violation, the debt collector could be subject to civil liability, criminal sanctions, or both. Additionally, the Delaware Attorney General’s office enforces consumer protection laws in the state and aggressively pursues debt collectors who violate the FDCPA. The office may issue cease-and-desist orders, pursue civil penalties, and refer cases to criminal prosecutors.
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