An attorney who specializes in the Fair Debt Collection Practices Act is an attorney who assists consumers in problems that involve debt collection practices by third-party debt collectors. The FDCPA is a federal law enacted to protect consumers from abusive, deceptive, and unfair debt collection practices by third-party debt collectors.
FDCPA attorneys advise and counsel consumers when they believe their rights under the FDCPA have been violated. They review the consumer's situation, explain his or her rights under the law, and consider what may be done.
FDCPA attorneys review debt collection communications, such as collection letters, phone calls, and emails, to ensure they meet the requirements of the FDCPA. They may consider whether a debt collector has engaged in abusive, deceptive, or unfair practices prohibited by the FDCPA.
FDCPA attorneys help consumers prepare documents and other forms of evidence to support their claims of FDCPA violations. This can include copies of collection letters, recordings of phone calls, or any other instances of harassment or otherwise abusive conduct by debt collectors.
FDCPA attorneys can write and send cease and desist letters to debt collectors on behalf of consumers, asking them to stop all communications and collection efforts. Cease and desist letters are very effective in stopping harassment by debt collectors and protecting the consumer's rights.
FDCPA attorneys are able to negotiate with debt collectors to resolve FDCPA violations and to seek favorable settlements on behalf of their clients. They often negotiate to reduce or eliminate the debt, to obtain damages for violations of the FDCPA, or to negotiate payment arrangements that work for the consumer.
If negotiations cannot be reached or negotiations are necessary to protect a consumer's rights, then FDCPA lawyer may file a lawsuit against debt collectors who have violated the FDCPA. They represent consumers in court proceedings, arguing their rights and seeking damages for any damages that have been incurred due to violations of the FDCPA.
These lawyers specialize in FDCPA issues and provide compliance review and education services to businesses and organizations engaged in debt collection activities. They review the collection practices to ensure compliance with the FDCPA and provide training and education to staff members on their obligations under the law.