Before September 20, 1977, American consumers had no other option but to take the abuse handed out by overly aggressive debt collection agencies. In response to growing consumer anger, the United States Congress wrote into law what many legal experts call the consumer Bill of Rights.
With dozens of provisions outlawing harassing and intimidating debt collection tactics, the Fair Debt Collection Practices Act (FDCPA) has leveled the legal playing field between consumers and third party debt collectors like Alliant Capital Management.
The groundbreaking federal consumer protection law also gives consumers the legal power to file claims against lawbreaking bill collectors.
Making Sure You Have a Valid Claim
Before you move forward with filing a claim, you should make sure you are filing a valid claim. The FDCPA prohibits debt collection agencies from trying to collect outstanding consumer debts that have already been paid off.
Alliant Capital Management also cannot try to get you to pay more on a delinquent debt that you actually owe. Deception is common strategy for third party debt collectors to use because the companies bank on consumers not knowing about the legal rights established by the FDCPA.
If a bill collector contacts you about a debt and the company impersonates the IRS, then the company has violated a provision of the FDCPA. Some companies responsible for collecting delinquent consumer debts impersonate law enforcement agencies to threaten legal action against consumers.
Know What Damages are Available
Having to deal with a lawbreaking third party debt collector can create considerable stress and anxiety, which can lead to the development of emotional distress symptoms. Some of the signs of emotional duress include being unable to focus at work and finding yourself struggling to maintain a close relationship with your spouse.
Even if you do not suffer from emotional and/or physical duress symptoms, the FDCPA permits you to file a claim against a bill collector seeking statutory damages. As a one-time financial award capped at $1,000, statutory damages cover every FDCPA violation made by a bill collector.
Your FDCPA lawyer might seek monetary damages that cover your legal fees. The judge presiding over your case has the power to issue injunctive relief, which represents a formal court order requiring Alliant Capital Management to stop contacting you.
Contact an Experienced FDCPA Lawyer
Presenting a compelling case in front of a civil court judge requires the legal expertise of a licensed consumer protection attorney who has compiled an impressive record of litigating FDCPA cases.
Your FDCPA lawyer will help you prepare a strong case against Alliant Capital Management by presenting physical evidence in the form of documentation.
Since many FDCPA cases involve overly aggressive phone calls, your FDCPA attorney will want you to tape record some of the calls to prove a bill collector crossed the legal line. If you live in a one-party consent state, you can tape record debt collection agency phone calls, without needing the consent of the company making the calls.
Work with a highly rated FDCPA lawyer to ensure you get the just compensation you deserve for the pain and suffering caused by illegal debt collection practices.
*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 Alliant Capital Management or any other third-party collection agency, you may not be entitled to any compensation.