FDCPA Claims

What is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a federal statute at 15 USC 1692, et seq. that was enacted in 1978. Stated at 15 USC 1692(e), the purpose of the FDCPA is "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." Since its enactment in 1978, the FDCPA's coverage of debt collection practices has expanded to include communications by debt collectors and their attorneys in civil collection lawsuits. Carlisle Law Firm protects consumer debtors against abusive collection practices when they occur in debt collection lawsuits and in other collection efforts, by filing claims seeking monetary damages and attorney's fees, as allowed under the FDCPA, at 15 USC 1692k.

What is an FDCPA Violation?

In debt collection lawsuits, the most common type of FDCPA violation involves the communication of false, deceptive, or misleading information about the alleged debt. Debt collectors also violate the FDCPA by filing lawsuits after the applicable limitations period on the debt has expired, and by suing debtors in a county or jurisdiction in which the debtor does not reside. As the abusive collection practices prohibited under the FDCPA include acts, omissions, and communications that are designed to deceive, coerce, and manipulate debtors and others, they are often subtle and not easily detected by someone lacking sufficient knowledge and experience of the FDCPA, general civil procedure, the rules of evidence, and how the business of debt collection operates.

Filing FDCPA Claims

At Carlisle Law Firm, our intake process involves a review of all communications and court filings by the debt collector and its attorney to determine whether viable claims exist for violations of the FDCPA. If there is a violation, a claim may be filed against the debt collector as a "counterclaim" in the same lawsuit filed by the debt collector, or as a separate lawsuit. Viable FDCPA claims may exist regardless of whether you owe the alleged debt to the debt collector. The ability to spot FDCPA violations in collection lawsuits strengthens defenses to lawsuits, creates added bargaining power in settlement negotiations, and generally results in more favorable outcomes for our clients.