Despite a landmark consumer protection law, many debt collection agencies continue to bully consumers into paying off outstanding credit card and personal loan accounts. Passed by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) outlaws dozens of previously acceptable third party debt collector tactics.
The first part of the FDCPA lists the prohibited bill collector actions, while the second part of the federal law grants consumers the right to file a claim that seeks monetary damages for the pain and suffering caused by a debt collection agency.
Has Monarch Recovery Management Violated FDCPA Provisions?
To ensure you file a valid claim against a third party debt collector like Monarch Recovery Management, you have to be sure the bill collector violated one or more provisions of the FDCPA. It is a waste of time and resources to file a claim that has no merit because the claim is not firmly grounded in state and federal consumer protection laws.
Consulting with a licensed consumer protection lawyer will determine whether you have enough evidence to file a claim against Monarch Recovery Management. Debt collection agencies employ experienced attorneys and debt collection representatives who know how to manipulate consumers that do not work with a FDCPA lawyer.
One of the primary reasons for the swift enactment of the FDCPA was the egregious debt collection practice of calling consumers repeatedly throughout the day, during all hours of the day.
The FDCPA makes it illegal for a company such as Monarch Recovery Management to call you numerous times every day, as well as call you during the off limit times between 9 pm and 8 am.
If your state has a one party consent law for taping phone conversations, you can catch a third party debt collector violating the phone call provisions of the FDCPA. Monarch Recovery Management is also banned from calling you in the workplace, especially if you explain to the bill collector that your employer forbids such phone calls at work.
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What You Need to Know about Monetary Damages
Let’s assume Monarch Recovery Management violated one or more provisions of the FDCPA, but your attorney feels you do not have enough evidence to file a pain and suffering claim against the debt collection agency. Under the FDCPA, you are eligible to file a one-time claim for statutory damages that can be as high as $1,000.
Your lawyer will be particularly interested in how a bill collector’s harsh tactics affected your physical health. Abuse and harassment can trigger several adverse symptoms, such as an ulcer and a series of acute migraine headache.
Your FDCP lawyer will request documentation from your healthcare team to determine if there is a link between FDCPA violations and your physical distress. Another way to recover money from monarch Recovery Management is to prove the techniques used by the bill collector cost you money in lost wages.
You will never know how to start a claim against a third party debt collector until you reach out to an accomplished consumer protection attorney. Make that call today to ensure you receive all of the rights granted by the FDCPA.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Monarch Recovery Management or any other third-party collection agency, you may not be entitled to any compensation.