What are the penalties for violating the Fair Debt Collection Practices Act (FDCPA)?
In Texas, anyone found guilty of violating the Fair Debt Collection Practices Act (FDCPA) can face both civil and criminal penalties. Civil penalties include a fine of up to $1000 per violation, as well as payment of attorney’s fees and/or court costs. Additionally, the individual or company who committed the violation can also face up to one year of imprisonment and/or probation. Criminal penalties can range even further, with those found guilty facing up to two years of imprisonment and/or probation, as well as a fine of up to $10,000, depending on the severity of the violation. In cases where the violation and its consequences are particularly severe, the individual or company can be charged with a Class B misdemeanor. This is a more serious offense that carries a punishment of up to 180 days in jail and/or a fine of up to $2000. In either case, the accused party would have the opportunity to present evidence in defense of their actions and to explain why they may not have violated the law. It is important to note, however, that the court or jury will ultimately decide the severity of the consequences, and it is possible that the penalty could be even more severe than the ones mentioned above.
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