Sue Collectors for Damages

A consumer can sue debt collectors for violations of the fair debt collection laws. The federal and California fair debt collection laws both give a consumer the right to sue a debt collector that violates those laws. A consumer does not need to do anything before bringing a lawsuit, such as filing a claim with a government agency. If a collector breaks the law, that’s enough for the consumer to bring a lawsuit.

A consumer who wins a case under the fair debt collection laws can recover money damages. The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover “actual damages”. The most common form of actual damages in fair debt collection cases is emotional distress (such as anxiety, fear, nervousness and loss of sleep). Other types of actual damages can also be recovered depending on the nature of the harassment at issue.

A consumer who wins a case under the fair debt collection laws can recover a statutory penalty. The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover a statutory penalty between $100 and $1,000 for the violations. The consumer is entitled to a statutory penalty even if he or she does not have any actual damages.

A consumer who wins a case under the fair debt collection laws can recover his or her attorneys’ fees and costs. The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover attorneys’ fees and costs. This is why we are able to take fair debt collection cases on a contingency basis.