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FDCPA Attorney in Georgia

Debt collectors have rules. We make them follow them.

What Is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of third-party debt collectors — meaning collection agencies and debt buyers that are trying to collect a debt on behalf of someone else. The FDCPA sets strict rules on when collectors can contact you, what they can say, and how they must treat you.

Violations of the FDCPA are surprisingly common. If a collector has violated your rights, you can file a lawsuit and potentially recover up to $1,000 in statutory damages per lawsuit, actual damages, and attorney fees — meaning our fees are often paid by the collector, not you.

Common FDCPA Violations in Georgia

These are the violations we see most frequently in Georgia:

  • Repeated calls designed to harass — multiple calls per day to you or your family members
  • Calling after a cease communication letter has been sent
  • Threatening lawsuits or wage garnishment when no lawsuit has been filed
  • Misrepresenting the debt amount or adding fees not authorized by the original agreement
  • Contacting your employer or family members about the debt
  • Attempting to collect a debt that is past the Georgia statute of limitations (generally 6 years for written contracts)
  • Failing to send the required debt validation notice within 5 days of first contact

What Are Your FDCPA Rights in Georgia?

Under the FDCPA, debt collectors are prohibited from:

  • Calling before 8 a.m. or after 9 p.m. in your time zone
  • Calling you at work if you have told them your employer does not allow it
  • Contacting you after you send a written request to stop communication
  • Using abusive, obscene, or threatening language
  • Threatening to arrest you or take legal action they are not actually authorized to take
  • Falsely representing the amount you owe
  • Claiming to be an attorney or law enforcement when they are not
  • Publishing your name on a “bad debt” list
  • Contacting third parties (family, friends, neighbors, coworkers) about your debt except to locate you
  • Adding unauthorized fees or interest to the debt
  • Continuing to contact you after you dispute the debt in writing without providing verification

How to Document FDCPA Violations in Georgia

If you believe a debt collector has violated your rights, start building your case now:

  • Save every voicemail — do not delete them
  • Write down the date, time, and content of every call
  • Save all letters, emails, and texts from the collector
  • Note the name of every person you spoke with
  • If they call your workplace or family, document who they contacted and what was said
  • Do not pay the debt before speaking with an attorney — payment may complicate your case

What Damages Can You Recover Under the FDCPA?

If a debt collector violated the FDCPA, you may be entitled to:

  • Up to $1,000 in statutory damages per lawsuit (even without proving actual harm)
  • Actual damages — compensation for real harm such as lost wages, medical expenses, or emotional distress
  • Attorney fees and court costs — paid by the collector, not you

In class action cases involving widespread violations against multiple consumers, statutory damages can reach up to $500,000 or 1% of the collector’s net worth. Because the FDCPA includes a fee-shifting provision, most FDCPA cases cost the client nothing out of pocket.

How an FDCPA Case Typically Works

  • You document the violations — calls, voicemails, letters, dates and times
  • We review what happened and tells you if you have a case
  • A demand letter is sent to the collector
  • Most cases settle without going to court
  • If it does go to court, the collector pays attorney fees if you lose
  • The whole process typically takes 3 to 6 months

The FDCPA vs. Georgia's Fair Business Practices Act

In addition to federal FDCPA protections, Georgia residents may also have claims under the Georgia Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.), which prohibits unfair and deceptive trade practices. In some cases, combining federal and state claims can increase your recovery. We can evaluate whether both apply to your situation.

Frequently Asked Questions About FDCPA Claims in Georgia

Does the FDCPA apply to the original creditor?

Generally no. The FDCPA primarily applies to third-party debt collectors — collection agencies, debt buyers, and attorneys who collect debts on behalf of others. Original creditors (like the bank that issued your credit card) are typically not covered by the FDCPA, though they may be subject to other laws.

You have one year from the date of the violation to file an FDCPA lawsuit. Do not wait — contact an attorney as soon as you believe your rights have been violated.

Yes. An FDCPA violation does not eliminate the underlying debt. A collector can still attempt to collect the debt through a lawsuit even while you have a claim against them. These are separate legal issues, and your attorney can advise you on how to handle both simultaneously.

Will filing an FDCPA claim affect my credit?

No. Filing an FDCPA claim against a collector does not affect your credit report. The underlying debt may already be affecting your credit, but the lawsuit itself does not.

In most cases, no. Because the FDCPA requires violating collectors to pay your attorney fees if you win, most FDCPA attorneys take cases on a contingency basis — meaning you pay nothing unless there is a recovery.

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