Creditor Harassment & Illegal Fees
Repeated calls, deceptive collection tactics, and charges a company has no right to collect are not just frustrating. In the right case, they create claims under state consumer protection law and can lead to real money recovery.
Why We Lead With State Law Claims
Many firms talk only about the federal FDCPA. We often start with state consumer protection statutes instead, because they can reach original creditors, cover illegal fees and broader deceptive conduct, and sometimes provide stronger damages.
Each state where we practice has its own consumer protection act that prohibits unfair, deceptive, and abusive business conduct, including collection harassment and unlawful fees:
West Virginia
WV Consumer Credit & Protection Act (WVCCPA) §46A-6-101 et seq.
Covers unfair and deceptive practices by creditors, collectors, and service providers. Provides for actual damages, penalties, and attorney fees.
North Carolina
Unfair & Deceptive Trade Practices Act (NCUDTPA) §75-1.1
One of the strongest consumer protection statutes in the country. Provides for treble (3×) damages plus attorney fees for deceptive practices.
Washington
Washington Consumer Protection Act (CPA) Ch. 19.86 RCW
Prohibits unfair or deceptive acts in trade or commerce. Provides for treble damages up to $25,000 plus costs and attorney fees.
We use these statutes to challenge both the collection conduct and the account charges behind it. In the right case, that creates more leverage than a narrow federal collection claim standing alone. We do not charge a fee unless we win.
What Counts as Harassment
State consumer protection laws prohibit a wide range of abusive, deceptive, and unfair collection practices. Below are some of the most common violations we see. If any of these have happened to you, you may have a valid legal claim.
Abusive Conduct
- Calling repeatedly or continuously with intent to annoy or harass
- Threatening violence, arrest, or criminal prosecution
- Calling before 8 AM or after 9 PM
- Contacting your family, friends, or employer about your debt
Deceptive Practices
- Misrepresenting the amount you owe
- Falsely claiming to be an attorney or government agent
- Threatening actions they cannot legally take
- Collecting on debts you do not owe or have already paid
Illegal Fees & Charges
- Hidden charges you never agreed to
- Unauthorized charges added to your account
- Excessive charges higher than the agreed price
- Fees on mortgage, auto, phone, medical, or credit card bills
Collection Lawsuit Defense
- Being sued for a debt beyond the statute of limitations
- Improper service of process
- Inflated balances or fabricated debt amounts
- Suing on a debt they cannot prove they own
Why State Law Is Often Better Than Federal Law
The federal FDCPA is limited. It only applies to third-party debt collectors — not original creditors, mortgage servicers, or companies collecting their own debts. Its damages are capped at $1,000 per lawsuit. And it only covers "debt collection" — not the broader range of unfair business practices that consumers face.
State consumer protection laws are different. They apply to anyone engaged in unfair or deceptive practices — including original creditors, banks, auto lenders, phone companies, medical billers, and service providers. They often provide treble damages, uncapped actual damages, and mandatory attorney fee recovery. This is why we lead with state law claims in most of our cases.
| Federal FDCPA | State Consumer Protection | |
|---|---|---|
| Who it covers | Third-party collectors only | Anyone — creditors, banks, servicers, companies |
| Statutory damages | Up to $1,000 per lawsuit | Treble damages (NC), penalties (WV/WA) |
| Illegal fees | Limited coverage | Fully covered as unfair/deceptive practices |
| Original creditors | Not covered | Covered |
| Attorney fees | Yes, if you win | Yes, if you win |
Where applicable, we also assert federal FDCPA and TCPA claims alongside state law claims to maximize your recovery.
How to Document the Problem
Good documentation strengthens your case significantly. Here is what we recommend:
- Save your call log. Screenshot your phone's call history regularly — it shows the date, time, and number of every call.
- Save voicemails. Do not delete voicemails from creditors or collectors. They often contain violations.
- Keep all letters, notices, and bills. Save every piece of mail including the envelope. Letters with illegal fees, settlement offers, and threat letters are important evidence.
- Save statements showing unauthorized charges. Compare monthly bills — highlight any fees that appeared without explanation or authorization.
- Take notes after each interaction. Write down what was said, who said it, and how it made you feel. Include details about threats, pressure, or false statements.
Signs You May Need Our Help
- A creditor or collector is calling you multiple times per day or at inappropriate hours
- You found charges on your bill that you never agreed to or were never disclosed
- A collector has threatened to have you arrested or garnish your wages without a court order
- Someone has contacted your family, friends, or employer about your debt
- You are being sued for a debt that is beyond the statute of limitations
- A company continues charging fees after you complained or canceled
- Your mortgage, auto, phone, or medical bill has unexplained charges
Frequently Asked Questions
Can you sue original creditors, not just debt collectors?
What are treble damages?
If I sue, will the calls stop?
What does it cost to hire you?
You Have Rights. Let Us Enforce Them.
Whether it is harassing calls, illegal fees, or deceptive business practices, state consumer protection laws give you powerful tools to fight back. Call us today for a free consultation.