When Debt Collectors Call, Part 9: What are Your Rights and Remedies under the FDCPA? — NMBankruptcyBlog.com

2913905_blogFrom time to time, a Guest Blogger will share voice at the New Mexico Bankruptcy Law Blog. Today, we welcome Deborah DeMack. Deborah is a former Assistant Attorney General in the Consumer Protection Division of the New Mexico Attorney General’s Office. A solo practitioner now in private practice in Santa Fe, NM, Ms. DeMack practices consumer law, debt collection defense, and consumer bankruptcy. She can be reached at 505.471.3302. This is part 9 of the series.

What are Your Rights and Remedies under the FDCPA (Fair Debt Collection Practices Act)?

You have the right to sue a debt collector in state or federal court within one year from the date the law was violated. If you prevail, you may recover actual damages, attorney fees and costs, and additional (statutory) damages up to $1,000 per violation. This does not include damages which may be awarded for any other associated legal claims.

Next in the series is Part 10: The Fair Credit Reporting Act (FCRA) and Other Things You Should Know

Previous posts in the series: Debt Collection Abuse and the FDCPA, To Whom Does the FDCPA Apply? What Debts are Covered?, How May a Debt Collector Contact You?, What Acts or Practices are Prohibited by the FDCPA?, How Do You Stop a Debt Collector from Contacting You?, The 30 Day Validation (Verification) Notice, Statutes of Limitations, Other Types of Illegal Debt Collection Acts

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