FAIR DEBT COLLECTION PRACTICES ACT

Even if you owe money, debt collectors can not resort to unfair, deceptive or harassing methods of collection. Debt collector practices are regulated by the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. The FDCPA is a federal consumer protection law that prohibits or limits a wide variety of techniques used by debt collectors. Debt collectors are also regulated by the Maryland Consumer Debt Collection Act (MCDCA), Md. Ann. Code, Commercial Law Article, § 14-201 et seq.

The FDCPA Regulates Debt Collectors, Not Creditors
It is important to understand that the FDCPA regulates debt collectors, and not creditors. The creditor is the person or company who is owed money. A debt collector is a separate entity trying to collect the debt for the creditor. The Maryland law is more protective than the FDCPA, and regulates both creditors and debt collectors.

FDCPA Provides For Actual And Statutory Damages And Attorneys Fees
The FDCPA has provisions for actual damages, including emotional distress arising from unfair or abusive debt collection, statutory damages up to $1,000 for a violation, and attorneys fees. The MCDCA does not provide statutory damages. Physical injury is not required to prove a violation of either the FDCPA or MCDCA.

Statute of Limitations
The FDCPA has a one year statute of limitations, and the MCDCA has a three year statute of limitations. FDCPA cases can be filed in state or federal court.

Call For A Free Consultation To Discuss Your Debt Collection Problem
If you believe you are the victim of a unfair, deceptive, or harassing debt collection practice, contact Michael Worsham for a free initial consultation. Have as much information about the facts of your case available when you call, or provide it in your email message. Make sure to identify whether the phone number to contact you at is a work or home number.