In previous posts we have discussed how consumers who are harassed by debt collectors may be able to recoup damages from that business. To be successful, it must be shown that the debt collector violated the fair debt collection practices. The Fair Credit Reporting Act was created to protect the reputation and credit history of consumers. In doing so, it regulates various aspects of credit information including its:
- Collection
- Storage
- Distribution
A Pennsylvania woman recently filed a lawsuit against a debt collection agency in a neighboring state. In the complaint she alleges that despite requesting contact via email rather than phone, she received an average of four to five calls a day, attempting to collect debt they said she owed. This behavior went on from December 2014 through May 2015. The root of the calls was an issue with a Verizon cell phone and the woman claims at the time she received the calls, she was not in debt.
The basis of this lawsuit is likely that the firm’s behavior of calling her multiple times a day rises to the level of harassment.
Because of this behavior the woman is seeking a jury trial, attorney fees and damages, including statutory damages. The statutory damages totaling $1,000 were due to FDCPA violations.
How this case will be resolved remains to be seen. Regardless of its outcome the case illustrates how consumers on the receiving end of abuse can regain some of the power some debt collectors take from debtors who may not know the behaviors they are demonstrating are illegal.
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