Act (FDCPA) Defense
Fair Debt Collections Practices Act Violations Defense
The Fair Debt Collection Practices Act (FDCPA), passed in 1977, is intended to protect consumers from abusive collection practices. According to the act, creditors cannot collect a debt without following very precise rules and meeting specific requirements. However, the requirements’ many details often leave open the possibility that a creditor will violate the act without intending to.
If these stringent requirements are not followed, a debtor may be entitled to $1000 per complaint and legal fees up to $10,000. (Read more about the FDCPA here. ). Unfortunately, it is not uncommon for attorneys to abuse the spirit of this act by suing fellow lawyers who are or were involved in lawsuits filed versus their clients. This can create a cycle of attempts at collection and claims for legal fees that serves more to abuse others than protect consumers.
The lawyers of The McDonough Law Firm, L.L.P., in New Rochelle, New York and Holmdel, New Jersey are experienced at defending lawyers and other professionals who have been sued for Fair Debt Collections Practices Act violations. We serve as national monitoring counsel for a number of private companies as well as a large insurance carrier, defending them whenever they are implicated in charges of FDCPA violations.
Our experience and professionalism in this area allows us to have a very high success rate including case dismissals and significant reduction of losses when cases are not dismissed. We welcome contact from individuals, attorneys, or corporations in need of FDCPA defense.
The McDonough Law Firm, L.L.P. serves clients in New York City, Long Island, the Bronx, Queens, Staten Island, Manhattan, New Rochelle, and Westchester County, New York. We also represent clients in Holmdel, Newark, Morristown, and Bergen County, New Jersey.
