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FDCPA Not a Defense

FDCPA Not a Defense

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Published by Robert Nahoum
An FDCPA Claim Is not a Defense to A
Debt Collection Case, But it is a Claim worth Pursuing
An FDCPA Claim Is not a Defense to A
Debt Collection Case, But it is a Claim worth Pursuing

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Categories:Types, Business/Law
Published by: Robert Nahoum on Jun 02, 2011
Copyright:Attribution Non-commercial

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12/26/2013

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An FDCPA Claim Is not a Defense to ADebt Collection Case, But it is a Claim worth Pursuing
 by: Robert J. NahoumJune 2, 2011
 
The Law Offices of Robert J. Nahoum, P.C, practices in the area of consumer protection and stopping debt collectors. Contact us today tosee if you have a case against a debt collector. (845) 232-0202;info@nahoumlw.com;www.nahoumlaw.com;
Many clients who walk through my door understandably confuse their FDCPA claimwith a defense to a collection case. In other words, consumers sometimes have the impressionthat because the debt collector’s conduct was false, misleading or harassing, as a punishment tothe debt collector, they no longer have to pay the underlying debt. Oh how I wish it were true.Unfortunately, it is not.However, all is not lost; under the FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.§1692
et. seq.
), if the debt collector is found liable for illegal debt collection practices, it is on thehook to you the consumer for at least $1,000.00 in statutory damages. That $1,000.00 may go along way in helping to resolve the underlying debt.What’s more, the FDCPA also allows the consumer to recover his “actual damages”.What are actual damages you ask? Actual damages can include:
 
 Stress induced Health Injuries:
o
 
Heart attack, angina, chest constrictions;
o
 
Miscarriage;
o
 
Ulcers, diabetic flare-up;
o
 
Shock;
o
 
Loss of appetite;
o
 
 Nightmares; insomnia, night sweats;
o
 
Emotional paralysis;
o
 
Inability to think or function at work;
o
 
Headaches;
o
 
Shortness of breath;
o
 
Anxiety, nervousness; fear and worry;
o
 
Hypertension;
o
 
Stress to children;
o
 
Irritability;

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