When debt collectors violate the Fair Debt Collection Practices Act (FDCPA), you can sue them for damages. FDCPA lawsuits have become an important tool for holding abusive collectors accountable and compensating consumers for harassment, threats, and deceptive practices. The law's structure makes these cases accessible even to consumers with limited resources.
Filing a lawsuit isn't just about money—it's about enforcing your rights and deterring collectors from mistreating others. Collectors who face consequences for violations are less likely to repeat the behavior.
Elements of an FDCPA Lawsuit
To succeed in an FDCPA lawsuit, you must prove several elements. First, the defendant must be a debt collector under the FDCPA—someone who regularly collects debts owed to others. Original creditors collecting their own debts usually aren't covered unless your state law extends similar protections.
Second, the debt must be a consumer debt—one incurred primarily for personal, family, or household purposes. Business debts aren't covered. Third, the collector must have violated a specific FDCPA provision through their conduct. General rudeness or aggressive collection isn't enough; you need a specific statutory violation.
Common violations include calling before 8 a.m. or after 9 p.m., using abusive or profane language, threatening actions they can't or won't take, failing to provide validation notice, continuing collection after you've disputed without validating, contacting third parties about your debt, and misrepresenting the debt amount or legal consequences.
Damages You Can Recover
FDCPA provides three types of damages. Actual damages compensate for proven harm including out-of-pocket expenses and emotional distress. If harassment caused anxiety, sleep problems, or stress-related health issues, you can recover for that suffering.
Statutory damages up to ,000 per lawsuit are available even without proving actual harm. The court considers factors like the frequency and persistence of violations, whether the collector intended to violate the law, and their resources. Egregious conduct supports higher statutory awards.
Attorney's fees and costs are recoverable by prevailing plaintiffs. This provision is what makes FDCPA cases viable—attorneys can take cases knowing they'll be paid from the judgment rather than the client's pocket. This levels the playing field between consumers and well-funded collection companies.
Building Your Case
Documentation is crucial for FDCPA litigation. Keep detailed records of every contact: date, time, phone number, what was said, and the collector's identity. Save all voicemails, letters, emails, and text messages. The more evidence you have of violations, the stronger your case.
Phone records from your carrier can verify call frequency and timing. If you recorded calls (where legal), those recordings are powerful evidence. Written communications often contain violations easier to prove than phone conversations.
Note any witnesses to calls or your emotional state. Medical records showing stress, anxiety, or sleep problems during the harassment period support emotional distress claims. Employment records showing missed work add to actual damages.
Where to File and Time Limits
You can file FDCPA lawsuits in either state or federal court. Many plaintiffs choose federal court because judges there frequently handle FDCPA cases and understand the law. Small claims court is an option for minor violations if you want to proceed without an attorney.
The statute of limitations is one year from the date of the violation. Each violation starts its own clock, so ongoing harassment creates multiple violation dates. However, don't delay—evidence becomes harder to gather, and memories fade. Consult an attorney promptly after experiencing violations.
For class actions against collectors who systematically violate the law, damages can reach 00,000 or 1% of the collector's net worth, whichever is less, divided among class members plus individual statutory and actual damages.
What to Expect in Litigation
Most FDCPA cases settle before trial. Collectors often prefer settlement to avoid the risk of larger verdicts, adverse publicity, and attorney's fees that increase the longer litigation continues. Settlements typically include monetary compensation and agreement to stop the abusive conduct.
If the case proceeds to trial, you'll need to prove violations through testimony and evidence. Collectors may raise defenses like bona fide error (unintentional violations despite procedures to prevent them), but these defenses have strict requirements.
Your debt's validity doesn't affect your FDCPA claims. Even if you legitimately owe money, collectors must follow the law in pursuing it. Winning an FDCPA case doesn't eliminate your debt, but some settlements include debt forgiveness as part of the resolution.
Finding an Attorney
Consumer protection attorneys specialize in FDCPA cases. Because the law provides for attorney's fees, many attorneys handle these cases on contingency—you pay nothing unless you win. The National Association of Consumer Advocates maintains a directory of member attorneys who handle debt collection cases.
When consulting an attorney, bring all documentation of collector contacts. Describe what happened accurately—attorneys need the truth to evaluate your case properly. If you have a strong case, representation can lead to meaningful compensation for the harassment you've endured.