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The FDCPA in Action

What if Your Rights Have Been Violated?

If your FDCPA rights are violated you can sue in a federal court within one year of the actual date the violation occurred. If you win, the debt collector will be required to pay fines, attorney's fees, court costs, and possibly damages. You can also report the violation to your state Attorney General, their state Attorney General and the Federal Trade Commission (FTC).

Before rushing to make a formal complaint or sue, you should consider threatening to complain or sue to force a debt collector to zero out your account and update your credit report accordingly. Why might they be willing to do that? If a debt collector gets enough Attorney General and/or FTC complaints they just might lose their license to operate. Furthermore, the fines, attorney and court fees, and the possibility for damages make going to court very risky, especially if FDCPA violation(s) have clearly occurred. Remember, the debt collector probably paid pennies on the dollar for your account. Writing off your account just makes good business sense when compared with these alternatives.

You can try negotiating a debt settlement yourself based on FDCPA violations. Alternatively, you can get a free debt consultation with an attorney who can evaluate your case and negotiate on your behalf. Depending on your case, an attorney might even take your case on contingency, or just charge a small fee to send a threatening letter to the debt collector demanding they retire your account.

> Your Rights Under State Law

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