Legal Question in Credit and Debt Law in Wisconsin
FDCPA violation
How do I file a claim against a collection Attorney for a FDCPA violation, specifically, a third party contact requesting info. other than location information?
1 Answer from Attorneys
Collectors' FDCPA Violation (Fair Debt Protection Practices Act)
If you are being harassed by collectors, you might wish to consult with a bankruptcy attorney rather then spending your bottom dollar on litigation of this nature. If, by "claim," you mean a lawsuit, an attorney would handle it in the same manner as any other lawsuit. This entails a thorough investigation of the underlying facts and a settlement attempt before suing. In any claim, I would therefore generally start with correspondence before suing. It may be possible to resolve your issue if you recite chapter and verse (as well as a factual basis) for the alleged violation(s). Keep in mind that collectors are generally quite clever at concealing their identity when they do things which are "close to the edge" of FDCPA rules. You therefore might have a hard time proving that they were the ones who made the allegedly improper calls to the third parties. I am also not sure if the limitations that you describe are fully applicable to your situation. Finally, depending upon the nature of their practice, attorneys are not always "collectors" as defined by the act.