FDCPA & TDCA Enforcement Services
Cannon Legal PLLC aggressively enforces the Fair Debt Collection Practices Act (FDCPA) for consumers nationwide and the Texas Debt Collection Act (TDCA) for our Texas clients. We do not just send letters; we take legal action.
- Identify & Stop Harassment: We analyze your communication logs to identify illegal tactics, such as zombie debt collection, excessive calls, and phantom debt scams.
- Demand Validation: We force collectors to prove they have the legal right to collect. If they can’t prove it, they must stop.
- Sue for Damages: We sue debt collectors who violate the law. We seek statutory damages (up to $1,000 per violation), actual damages (for emotional distress or financial loss), and we make them pay your attorney’s fees.
Your Shield Against Predator Collectors
- We Don’t Just Bark, We Bite: While other firms may only help you dispute a debt, we aggressively sue debt collectors who break the law.
- Nationwide & Texas Strong: We leverage both federal laws and the powerful Texas Debt Collection Act, which often provides broader protections than federal law alone.
- Zero Out-of-Pocket Risk: Because the law requires the breaking party to pay your legal fees, you can hire top-tier legal defense without worrying about hourly rates.
- Deep Industry Knowledge: We know the tricks collectors use—from robocalls to spoofing numbers—and we know exactly how to counter them in court.
- Peace of Mind: We handle the confrontation so you can stop dreading your ringing phone.
Pricing / Cost
Our legal fees are generally contingency-based for FDCPA/FCRA lawsuits. This means our fees are typically paid by the debt collector as part of the settlement or judgment, not out of your pocket.
Common Questions About Stopping Debt Harassment
The FDCPA primarily covers consumer debts, such as credit cards, medical bills, mortgages, and student loans. It generally does not cover business or commercial debts.
Evidence is key. Save all voicemails, text messages, and letters. Keep a detailed log of dates and times they called, especially if they called early in the morning, late at night, or repeatedly. If you have a call recording app, save those files.
The FDCPA includes a “fee-shifting” provision. This means that if we win your case, the debt collector is responsible for paying our attorney’s fees and court costs. This allows us to represent you on a contingency basis without you paying upfront legal fees.
Yes. In addition to statutory damages of up to $1,000, you can sue for actual damages. This includes compensation for emotional distress, lost wages, or stress-related medical issues caused by the collector’s illegal behavior.
This is a powerful tool where you formally request proof that the debt is valid. The collector must provide the name of the original creditor and the amount owed. If they cannot validate the debt—which often happens with junk debt buyers—they are legally required to cease collection efforts.
Zombie debt is old debt that has passed the statute of limitations (too old to be sued for) or debt that has already been discharged in bankruptcy. Collectors often try to trick you into reviving this debt by making a small payment. Never pay on old debt without consulting an attorney, as it may restart the clock on your liability.
Yes. You can send a Cease and Desist letter. Once a collector receives this written notice, they are legally required to stop contacting you, except to inform you of a specific legal action (like a lawsuit). If they continue to call after receiving this letter, they are breaking the law.
Harassment is more than just being annoyed. Illegal actions include calling you before 8 a.m. or after 9 p.m., calling you repeatedly with the intent to annoy, using profane or abusive language, or threatening violence. If a collector calls your workplace after you’ve told them not to, that is also a violation.
It is helpful to bring any letters, emails, voicemails, call logs, and any other documentation you have received from the debt collector. This information will help us assess your case and provide you with the best legal advice.
Our firm can analyze your situation for FDCPA violations, send cease and desist and debt validation letters on your behalf, represent you in negotiations, and file lawsuits against violating debt collectors to seek compensation for the harm they have caused [See “Suggested Ways Cannon Legal PLLC can help consumers with FDCPA Violations” section above, drawing from multiple sources]. We are experienced in consumer protection law and dedicated to protecting your rights.
Not necessarily. While FDCPA violations give you the right to sue for damages and potentially stop collection through those illegal means, the underlying debt may still be valid. However, FDCPA violations can be a strong negotiating point for settling the debt [Information not explicitly found in the provided sources but is general debt collection knowledge. If required to strictly adhere to sources, this answer could be rephrased to focus on the remedies for the violation].
Debt validation is your right to request that a debt collector provide proof that the debt is valid and that they have the right to collect it. This forces the collector to provide information like the original creditor, the original account number, and documentation of the debt. If they cannot validate the debt, they may be required to stop collection efforts.
There is a one-year statute of limitations from the date of the FDCPA violation to file a lawsuit [Information not explicitly found in the provided sources, but is general FDCPA knowledge. If required to strictly adhere to sources, this question might be omitted or phrased differently, e.g., “What is the timeframe for taking action on FDCPA violations? Consult with an attorney for specific deadlines.”].
- Yes, you have the right to sue a debt collector who violates the FDCPA. You can potentially recover statutory damages (up to $1,000 per violation), actual damages (like emotional distress or financial losses), and have your attorney’s fees and court costs paid by the debt collector if you win.
Document everything, including dates, times, names, and the details of the communication. You should also consider sending a written request for debt validation. It is advisable to consult with a consumer law attorney to understand your rights and options.
Common violations include: harassing phone calls, threats of legal action they cannot take, false statements about the debt, contacting third parties about your debt, and continuing to contact you after you’ve requested them to stop in writing.
The FDCPA is a federal law that protects consumers from abusive, unfair, or deceptive practices by debt collectors. It outlines what debt collectors can and cannot do when trying to collect a debt.