What damages can I recover if a debt collector violates the FDCPA?

What the Law Says

The Fair Debt Collection Practices Act (FDCPA) gives consumers a private right of action to sue debt collectors who violate its provisions. It specifies the types and limits of damages available.

Under the FDCPA, if a debt collector engages in prohibited conduct — such as harassment, false representations, or unfair practices — you may file a lawsuit in federal or state court within one year of the violation.

You can recover three categories of damages: (1) actual damages for any financial loss or emotional distress you suffered; (2) statutory damages of up to $1,000 per lawsuit (not per violation); and (3) reasonable attorney’s fees and court costs — even if you win only nominal damages.

The law makes clear that statutory damages are capped at $1,000 'in the case of any action by an individual' — meaning one award per lawsuit, regardless of how many violations occurred.

Statutory Text

Any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual damage sustained by such person as a result of such failure; (2) such additional damages as the court may allow, but not exceeding $1,000; and (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.

— 15 U.S.C. § 1692k(a) — Civil liability

What to Do

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