If a debt collector operating on behalf of a company to whom a debt is owed, violates the fair debt collection act, who is potentially liable for the violation? Is the debt collecting firm solely liable for the violation or does the company whom the debt collector is representing also have some liability?
Answer
The debt collector. The creditor does not necessarily assume that its debt collector will attempt to collect debts in violation of the Fair Debt Collection Practices Act. However, if there is some independent basis of negligence by the creditor, then perhaps there may be some liability. I have not undertaken to research this issue.
While I am sure that violations of the law occur, they are seldom actionable unless they are really egregious. Also, just because the debt collector violated the law does not mean that you don't owe the debt. If the debt is small and the violation clear, then perhaps that fact can be used to negotiate the debt in whole or in part. If you have a $20,000 debt and only one violation, the most you can recover under the act is $1000 unless you establish actual damages (most people can't.) Of course, that is $1000 per violation so you would need more than one if you really wanted to make an impact. Lawyers love the Fair Debt Collection Practices Act though because they can recover attorney fees.
Before you get all sue happy, why don't you run your case by a lawyer who specializes in the litigation of FDCPA claims? I am not a litigation attorney and I focus on resolving the debts rather than suing debt collectors for missteps. Here is one place: http://www.krohnandmoss.com.
There are other FDCPA lawyers in Atlanta I am sure. Know that Georgia is a very creditor friendly place though and its not very likely that a case will exist unless there is really clear conduct. But get a free case evaluation before you conclude otherwise.
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