Despite the passage of a historic federal consumer protection law, many debt collection agencies continue to implement harassing and intimidating debt collection tactics.
Written into the law by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits dozens of debt collection practices that were deemed legal prior to September 20, 1977.
The FDCPA also give consumers the right to file claims against unethical third party debt collectors. If Alliance Collection Services has cross the legal line by violating one of more provisions of the FDCPA, you might qualify top file a claim against the bill collector.
What Constitutes a Valid Claim?
It takes a lot more than conversation to prove to a civil court judge that Alliance Collection Services violated one or more provisions of the FDCPA. You have to submit evidence that corroborates your claim.
Evidence can consist of recorded phone conversations, that is, if you live in a state that requires just one person to approve the taping of phone conversations. Other physical evidence that can validate your FDCPA claim includes medical documentation and the phone records handed over by your telecommunications provider.
You also have to make sure Alliance Collection Services broke the law. The FDCPA bans debt collection agencies from using abusive language during discussions held with consumers. Abusive language can be profane-laced monologues or the strong wording of sentences that can be considered threats.
The FDCPA does not permit third party debt collectors to threaten consumers in any way. Threats to seize private property and threats of bodily harm are clearly prohibited by the federal consumer protection law.
You might think the days of physically abusing debtors has long passed, but you might be surprised to learn some debt collection agencies resort to threats of violence to coerce consumers into paying off outstanding credit card and personal loan accounts.
The FDCPA and Monetary Damages
The awarding of monetary damages as outlined within the FDCPA gives you an effective way to prevent future third party debt collector harassment. You can file a claim to seek statutory damages, which is the financial award that punishes a bill collector for violating one or more provisions of the FDCPA.
Capped at $1,000, statutory damages cover every FDCPA violation committed by the same third party debt collector.
Actual damages cover the expenses associated from the pain and suffering caused by physical and/or emotional distress symptoms. Dealing with a relentless bill collector can wear you down physically, which can lead to ailments like high blood pressure and occasional migraine headaches.
To prove the existence of physical duress symptoms, as well as linking the symptoms to the illegal actions made by a debt collection agency, you need an experienced FDCPA attorney in your legal corner to ensure you present a compelling case.
Never allow Alliance Collection Services to intimidate you into paying off a debt that you do not owe. Schedule a free initial consultation with an accomplished FDCPA lawyer to determine the most effective course of legal action.
*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 Alliance Collection Services or any other third-party collection agency, you may not be entitled to any compensation.