September 11, 2015
The Fair Debt Collection Practices Act or "FDCPA" is a federal statute aimed at eliminating abusive debt collection practices by debt collectors. The FDCPA applies to the collection of debts that are primarily for personal, family, or household purposes. That is, it does not apply to the collection of commercial debts. It also does not apply to creditors who collect their own debts in their own names.
The Texas Deceptive Trade Practices Act or "DTPA" is a set of statutes designed to supplement traditional common-law causes of action. The DTPA seeks to punish false, misleading, or deceptive acts or practices in the conduct of any trade or practice. Because of the Act's liberal construction and attractive monetary remedies, it provides a powerful weapon to a broad range of plaintiffs.
While winning at trial is indeed something to be celebrated, it is rarely the end of the story. As we have encountered many sordid tales of the difficulties and frustrations encountered in collecting on judgments, if you are given the choice of entering into litigation, you should consider not only that you may lose at trial but that you may fail to collect even if you win at trial.
One of the most frequently asked questions in legal disputes is whether someone has the right to seek and recover their attorney fees. As attorney fees can be a significant expense for plaintiffs and defendants alike, this is indeed an important question.
There are a number of federal statutes of which employers should be aware. Some of the more prominent such statutes include: