What are the penalties for violating the Fair Debt Collection Practices Act (FDCPA)?
In Oklahoma, any person or business engaged in debt collection who violates the Fair Debt Collection Practices Act (FDCPA) may be subject to fines, imprisonment, and/or civil damages. Violations of FDCPA may include any of the following: using false, deceptive, or misleading representations to collect a debt, harassing or abusing a consumer in connection with collection of a debt, publishing a list of consumers who have allegedly refused to pay debts, or failing to provide written verification of a debt if the consumer requests it. Any person or business found guilty of violating FDCPA can be fined up to $1,000 and/or face up to one year in jail. Additionally, the consumer who was wronged may be able to recover actual damages, including attorney’s fees, and any additional damages which could amount to up to $1,000 if the violation was found to be committed willfully or knowingly. For businesses, there is also the potential of having to pay class action damages if a group of consumers was wronged by the same business. In these instances, the court may award damages to the class of consumers if the violation was found to be willful or knowing. Overall, it is important for people and businesses involved in debt collection to understand their obligations under FDCPA in order to avoid the serious legal consequences of violating it.
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