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Fair Debt Collection Practices Act
The FDCPA gives you the right to sue a collector that breaks it, even if you do owe the debt. The deadline is short, and it doesn't wait for you to find out.
In a class action, statutory damages for the class are capped at the lesser of $500,000 or 1% of the collector's net worth.
Owing the debt doesn't cancel the violation. The FDCPA is about how collectors behave. A collector that calls at 10 p.m. or threatens arrest has violated the law whether or not the debt is valid.
An FDCPA lawsuit must be filed within one year from the date of the violation. (§ 1692k(d)) The Supreme Court held in Rotkiske v. Klemm (2019) that the clock generally starts when the violation happens, not when you discover it.
For ongoing conduct, each call or letter can be its own violation with its own date. Still, if a collector has crossed the line, talk to an attorney promptly while your call log and letters are fresh.
A collector can avoid liability if it shows the violation was an unintentional, bona fide error despite procedures reasonably designed to avoid it. (§ 1692k(c)) Repeated or deliberate conduct usually doesn't fit that defense, which is another reason to keep a detailed log.
Many states have their own debt collection laws with separate remedies. The Texas Debt Collection Act, for example, can apply to original creditors and has its own deadlines. An attorney can tell you which laws apply to your situation.
Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.
BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.
The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.
If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.
Is the debt also showing up wrong on your credit report? See FCRAViolations.com for your rights under the Fair Credit Reporting Act.