Legal Question in Consumer Law in Kentucky

Re: FDCPA violations

The federal Fair Debt Collection Practices Act provides, among other remedies, that aggrieved consumers may file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fee and court-costs) from third-party debt collectors. The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA. The collector may, however, escape penalty if it shows that the violation (or violations) was the result of a "bona fide error."

Alternately, if the consumer loses the lawsuit and the court determines that the consumer filed the case in bad faith and for the purposes of harassment, the court may then award attorney's fees to the debt collector.

Unfortunately, most attorneys with expertise in this area of the law work for the debt collectors, and will not represent consumers. Most consumer law is practiced by Legal Services (legal aid) firms, who are limited to representing individuals below a certain income level.

You are best advised to seek a lawyer who practices in the area of bankruptcy law. These are mostly private practitioners who should have a working understanding of federal procedure and the FDCPA. A call or email to your state bar association should provide you with a referral.