2.1.7 Reason #7: Collection Clients Often Have TCPA, FDCPA, FCRA, and Other Consumer Claims

Representing consumers in collection actions can lead an attorney to discover that the consumer has separate affirmative actions under the Telephone Consumer Protection Act (TCPA), FDCPA, FCRA, and other federal and state statutes that can result in significant actual and statutory damages and attorney fees, either on an individual or classwide basis. Investigating the facts relating to the collection action will often uncover various systematic law violations. Consumer attorneys taking collection defense cases find this an effective way to grow their practices.

The consumer’s attorney should normally not pursue these affirmative claims without first resolving the individual collection action, as there will be legal and tactical reasons to complete the collection action first.²² Moreover, the client is unlikely to be interested in retaining an attorney to handle an affirmative action while that attorney turns down the request for representation in the collection action.