Consumer debt defense has an offensive gear most people never engage. The FDCPA is a strict-liability statute with a private right of action, and 15 U.S.C. §1692k is where it bites: actual damages, statutory damages up to $1,000 per action, and — the part that changes everything — mandatory attorney’s fees and costs to a prevailing consumer.
Understand what fee-shifting does to the economics. A collector who called you six times after receiving a cease-communication letter faces a claim where its downside is not $1,000 — it is $1,000 plus tens of thousands in your lawyer’s fees if it litigates and loses. That asymmetry is why FDCPA cases settle early and why consumer attorneys across California take them on contingency with no fee to you. The National Association of Consumer Advocates maintains a find-an-attorney directory for exactly these cases.
What counts as a violation? The statute’s conduct rules are specific: no calls before 8 a.m. or after 9 p.m. (§1692c), no continued contact after a written refusal-to-pay or cease letter, no third-party disclosure of your debt, no false threats of suit, arrest, or garnishment (§1692e), no collecting amounts not authorized by the agreement or law (§1692f), and no ignoring a timely validation demand (§1692g). Strict liability means intent doesn’t matter — the violation itself is the case, subject only to a narrow bona fide error defense.
California debtors stack the Rosenthal Act on top: Civil Code §1788.30 adds its own $100–$1,000 penalty and fees, and the two statutes are expressly cumulative per §1788.32.
The evidence discipline: a call log (date, time, number, what was said), saved voicemails, every letter kept, and your own letters sent certified. One year is the FDCPA limitations period (§1692k(d)), so violations must be acted on promptly.
The mindset shift is the point. A harassing collector is not just a problem to endure — it’s a counterclaim accruing value with every improper call. The moment you document instead of argue, the leverage reverses.
Every letter, form, and deadline referenced above is packaged in the free kits at JusticePrompt.com. No credit card, no upsell — the documents and the law, ready to use.
The Hedge 