Despite the passage of a monumental consumer protection law, far too many debt collection agencies cross the legal line by harassing and intimidating consumers. Written into the law by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) prohibits third party debt collectors from threatening consumers in any way. A company like Action Financial Services, LLC cannot threaten to seize your property or threaten to file a lawsuit in a civil court.
The FDCPA also makes it illegal for a bill collector to use deception to trick you into paying off an outstanding credit card or a personal loan balance. One of the most deceptive debt collection practices is when a company claims a consumer owes money on a debt, when the debt does not exist. A debt collection agency might also claim you owe more money that you are legally obligated to send the company.
Sending a Persuasive Debt Dispute Letter
There are three important components of the debt dispute provision written into the FDCPA. First, you have the right to know about the existence of the alleged debt. Second, the FDCPA grants consumers the right to dispute the legal validity of a debt.
Finally, the company that sent you the initial letter or made the initial phone call has five days to confirm the existence of an alleged consumer debt. Within five days of first hearing from Actional Financial Services, LLC, you should receive information about how much you owe, as well as the name and contact information for the original creditor.
Actual Sample Dispute Letter
An actual sample dispute letter written by a state licensed consumer protection attorney will contain your name, contact information, and the account number at the top of the letter. Then, you FDCPA lawyer can draft a dispute letter that looks something like this:
A representative from your debt collection agency called me at home on February 17, 2020 to discuss an alleged consumer debt. This letter is to inform you that I am not legally responsible for the alleged debt, and that I have contacted an FDCPA lawyer to represent me throughout the rest of the debt collection process. My lawyer wants your company to follow the guidelines established by the Fair Debt Collection Practices Act (FDCPA).
This means you must provide me with the following information:
- The total amount of the alleged debt
- The contact information for the original creditor
- Physical proof that I am responsible for paying off the debt
- The document that proves your company is licensed to collect consumer debts
Regards,
Your name
Date
Include the reason(s) why you are contesting a consumer debt. The third party debt collector might have sent you a letter that was intended for another consumer who has the same name. You might also be able to invoke your state’s statute of limitations for the collection of consumer debts.
Hire an Accomplished FDCPA Attorney
Never allow a bill collector to trick you into paying a debt that you do not have to pay. Be proactive by getting in touch with a state licensed FDCPA lawyer. Your attorney will conduct a thorough investigation to determine how to proceed with your case.
Get your Free Case Evaluation to learn more about how the FDCPA protects you against unethical debt collection agencies.
*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 Action Financial Services, LLC or any other third-party collection agency, you may not be entitled to any compensation.
Additional Resources