Consumer & Mortgage Litigation

Fair Debt Collection Practices Act (FDCPA)

Governs Unfair, Deceptive and Abusive Debt Collection Practices

Bezdik Kassab Law Group has litigated hundreds of unfair and unlawful debt collection practices claims under the Fair Debt Collection Practices Act (FDCPA) and its California counterpart, the Rosenthal Fair Debt Collection Practices Act (RFDCPA).

The FDCPA regulates debt collectors and creditors by prohibiting the use of unfair, deceptive and abusive debt collection practices. The FDCPA was designed to assist consumers who are unable to pay their debt. The statute regulates how a debt collector may interact with the debtor in their attempt to collect a debt, prohibits abusive and harassing behavior and limits the time and place of the debt collection call.

The FDCPA covers the collection of credit card debts, medical debts, other debts for personal, family or household purposes and sometimes mortgages.

The FDCPA is a strict liability statute, meaning that absent very limited exceptions, a violation of the statute leads to the consumer potentially having a case without having to prove actual damages.  Under the FDCPA, the statute awards up to $1,000 in statutory damages as well as actual damages (i.e. emotional distress, lost wages etc) and attorney’s fees and costs.  

When settlement reaches an impasse and a lawsuit is inevitable, Bezdik Kassab is prepared for the challenges of litigation and creatively structuring an optimal resolution for its client.

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