Experienced New York Counsel for Representation in Fair Debt Collection Practices Act (FDCPA) Cases
If you are a victim of debt collector harassment or abuse, it is important to act quickly to preserve your legal rights. There are a myriad of reasons why, but among the most important is that the FDCPA contains a one-year statute of limitations to bring a claim. In comparison to other federal statutes, this is a relatively short window of time of time. In fact, the United States Supreme Court, in a 2019 decision, held that the statute of limitations on an FDCPA claim generally begins to accrue when the violation occurs, not when the consumer discovers it. Rotkiske v. Klemm, 2019 WL 6703563 (U.S. Dec. 10, 2019).
Common FDCPA Violations
- Calling before 8:00 a.m. and after 9:00 p.m.
- Calling a consumer's workplace without permission
- Using obscene language in communication with a consumer
- Misrepresenting the character, amount, or legal status of a debt
- Disclosing the debt to a third party
- Continuing to contact the consumer after being told that he or she is being represented by an attorney
- Filing suit against the debtor in a venue where the consumer does not reside or did not sign the contract sued upon
- Failure to inform the consumer during a telephone call that the person calling is a debt collector
- Threatening the consumer with arrest or imprisonment
- Threatening to tell the consumer's friends, neighbors, and family members about his or her debt problems
The above is a non-exhaustive list of the many illegal practices that debt collectors are prohibited from engaging in when pursuing debts.
Obtain Quality Representation
Roderick D. Woods, Esq., is admitted to practice law in all New York State courts, as well as in the United States District Court for the Northern and Western Districts of New York. An FDCPA case may be filed in either state or federal court. We are able to file FDCPA cases to protect your rights in the Hudson Valley and throughout New York State.
The Woods Law Firm, P.C., offers a complimentary case evaluation for all potential FDCPA cases, advances all filing fees and court costs when it represents consumers in FDCPA matters, and, therefore, there is no out-of-pocket cost to clients. To learn more, contact us at (914) 996-4593.