Building a case under Fair Debt Collection Practices Act (FDCPA)

Debtors who are being harassed by debt collectors must keep a record of the calls made by the debt collector in order to pursue a claim under Fair Debt Collection Practices Act.

What the courts will look at to support a claim that a debt collector has violated the FDCPA is that there are factual allegations that identify:
 (1) the ‘called number,’
 (2) the number of calls made to demonstrate repeated, constant and/or continuous calls,
 (3) when the calls were made (dates and times) and over what period of time,
 (4) the content of the conversations, if any,
 (5) the alleged debt, and
 (6) the link between the caller and the Defendant debt collector. Johnson v. National Recovery Group, LLC, 2010 WL 1992636, *2 (E.D. Cal. May 14, 2010)

see: Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)
      Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)