Debt Collector Harassment
FDCPA Claims in Minnesota and Western Wisconsin
If a debt collector is harassing you, misrepresenting what you owe, contacting other people about your debt, or attempting to collect in ways that violate federal law, you may have a claim under the Fair Debt Collection Practices Act.
Todd Murray represents consumers in Minnesota and Western Wisconsin in cases involving illegal debt collection practices. When collectors cross the line, the law allows you to hold them accountable.
Who the FDCPA Applies To
The FDCPA generally applies to third-party debt collectors, including collection agencies, debt buyers, and law firms collecting debts on behalf of others. It typically does not apply to original creditors collecting their own accounts.
The law covers consumer debts, meaning debts incurred for personal, family, or household purposes.
Whether you owe the debt is not the issue. Even when a debt is valid, the collection process must comply with federal law.
Common FDCPA Violations
The statute broadly prohibits conduct that is harassing, false, misleading, or unfair. Courts have recognized violations involving:
Repeated or abusive phone calls
False statements about the amount owed or legal consequences
Improper contact with employers, family members, or third parties
Collecting the wrong debt or pursuing the wrong person
Threatening legal action that cannot lawfully be taken
Improper wage or bank garnishment practices
Collecting a debt that you don't owe;
Communicating with other people about your debt;
Calling you at work after you've told the collector not to;
Telling you something that is false or misleading (often a problem in student loan collections);
Harassing you, insulting you, or using racial slurs;
Continuing to call you after you tell them to stop;
Robocalling your cell phone without your consent
Wrongfully garnishing your bank account or paycheck
This isn't an exhaustive list. If you think a collector's conduct might be illegal, you should talk to a consumer lawyer to determine whether the FDCPA has been violated.
When an FDCPA Case Is Worth Pursuing
Not every unpleasant collection call justifies a lawsuit.
The strongest FDCPA cases typically involve clear statutory violations supported by documentation, repeated or willful misconduct, and measurable harm. Harm may include financial loss, emotional distress, reputational impact, or disruption caused by improper garnishment or disclosure.
Cases based solely on minor technical violations with no meaningful harm are less compelling.
Damages and Attorney Fees
The FDCPA allows recovery of statutory damages of up to $1,000 per lawsuit, actual damages for proven harm, and attorney fees and court costs. The statute is fee-shifting, meaning that when violations are proven, the collector is responsible for paying reasonable attorney fees.
We handle FDCPA cases a contingency basis.
FDCPA Issues in Lawsuits and Garnishments
FDCPA violations frequently arise during collection lawsuits and garnishments. In some situations, collector misconduct creates leverage in resolving the underlying debt. In others, it forms the basis of a separate claim.
The Bottom Line
If you believe a debt collector has violated your rights, early evaluation matters. Call logs, letters, voicemail recordings, and court documents often determine whether a case is viable.
Ready to talk to a lawyer about stopping debt harassment?
Schedule a free consult with FDCPA attorney Todd Murray.
Todd has been suing harassing debt collectors since 2009. He has recovered hundreds of thousands of dollars for his clients and has held the debt collection industry accountable when it resorts to illegal collection tactics. Todd’s clients have described him as “very professional and easy to work with.” He lives in Minneapolis with his wife and four children.