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If a debt collector violates the law, and you bring suit, you are entitled to recover damages. The law lets you recover actual damages, monies to repay you for your actual losses (sometimes called compensatory damages, such as lost wages, cost of getting an unlisted phone number, etc.) and also the emotional injuries you suffered, such as stress, sleep loss, weight loss and emotional distress.

You may be also entitled to statutory damages which, under federal law, is an amount up to $1,000.00, depending on the collector’s intent, frequency, persistence, and other non-compliance activities.  Under New Hampshire law, you can recover the sum of $200.00 for each violation. We often include both state and federal claims in actions against abusive collectors.

We handle cases on either an hourly basis, or in many litigation matters, on a contingency fee basis, which means we only charge a fee if you win and receive an award of damages. Clients are responsible for expenses and costs which are sometimes advanced by the client or deducted from recovery at verdict or settlement.

Importantly, you can also recover your attorney’s fees caused by your having to bring suit to protect your rights under federal law. There is a short federal statute of limitations of one year, so don’t wait and lose your rights. Call Phillips Law Office now at (603) 225-2767 or email us by using the form to the right.

Fair Debt Collection Practices Act

When you are being harassed by debt collectors, give us a call to help stop unlawful collection practices. Whether you owe the debt or not, the law gives you rights as to when and how the debt collector calls you and how the debt collector treats you. Too many debt collectors are abusive, dishonest, and violate your rights. Sometimes a collector tries to create a false sense of urgency, pretending that they are government officials (even police officers) and threaten legal action when none can be taken because the debt is barred by the statute of limitation or is not your debt at all. Many times debt collectors call neighbors, relatives, or call your work, actions which violate the Fair Debt Collection Practices Act.

Although the original creditor is not governed by the FDCPA, collection agencies are and debt collectors who violate the law are responsible to you for damages.

Telephone Consumer Protection Act (TCPA)

The federal law prohibits debt collectors from making automated phone calls to your cell phone. If these robot calls are made to your cell phone, the debt collector could be responsible for damages ranging from $500.00-$1,500.00 per attempted phone call. It is important that you keep a journal of each call or attempted call to your phone. If suit is brought we can, through discovery, get a record of the phone calls to your cell phone, but it is important that you have your own record so that we can determine if the collection companies have accurately reported the calls to your cell phone.

We handle cases on either an hourly basis or, in many litigation matters, on a contingency fee basis, which means we only charge a fee if you win and receive an award of damages. Clients are responsible for expenses and costs, which are sometimes advanced by the client or deducted from recovery at verdict or settlement.

Roger Phillips is a member of the National Association of Consumer Advocates, a non-profit association of attorneys and consumer advocates committed to representing and protecting consumers’ interests.

Call Roger at (603) 225-2767 or email him using the box on the top right of this page.