Expert: Frank Brewster - 7/26/2006

Question
Collection agency has called my mom, sisters & me saying their investigator's. Telling my family I am in trouble legally & told my sister about the Debt, when it happend, where it was from & how much I owed.
I live in Virginia mom & sister lives in Ohio & my other sister lives in Texas I never gave Collection agency permission to talk to them or put them on application as a reference. This is a 3rd party Collection agency & I disputed the claim they in turn called my family & told them I am looking at possible jail time.


Answer
Well Daryl...I don't see a question here but I will confirm that based upon the information provided, the Fair Debt Collection Practices Act has been violated.  There is $1,000.00 per violation in the statutes, if you can prove your case in court. The collector is very stupid.  It appears he was able to contact you and because you disputed is trying to muscle you by calling relatives.  Lots of violations and there are differing opinions of how to handle this in court.  So far as the FDCPA goes, there is one violation per consumer.  This is my experience:

The law says $1,000.00 per violation.  I find that doesn't really mean to much.  I've seen cases where the suit was brought for $100,000.00.  These things settle out any way, so $1,000.00 or $100,000.00, tt just depends on how strong your case is and what they are willing to pay to make it go away.  So far some of the violations are hearsay.  Still you can proof certain things.  If pressed they will pay you some money though it will take a lawyer to get it.