Debt collection proceedings can get ugly very quickly. Many times, the debt collectors that individuals who are facing collections cases find themselves dealing with are anything but professional.
In fact, many times, these individuals can be harassing as well as threatening. If one of those companies is Delta Outsource Group, it is important that the debtor understands his or her rights.
The Fair Debt Collection Practices Act
The law does protect debtors against unfair debt collection practices. This law, otherwise known as the Fair Debt Collections Practices Act (FDCPA), protects debtors against unfair and unethical debt collection practices.
The FDCPA is part of a larger law, the Consumer Credit Protection Act, enacted in 1977. The FDCPA provides rules that third-party debt collectors, like Delta Outsource Group, must follow when collecting on a consumer debt.
If an employee of Delta Outsource Group violates one of these rules, the debtor can seek compensation for damages sustained against them.
About Delta Outsource Group
Delta Outsource Group is a third-party debt collector headquartered in O’Fallon, Missouri. Delta Outsource Group, Inc. was founded in 2009 and functions as a collection agency and call center.
The company does not necessarily specialize in one type of consumer debt collection but focus on several different industries.
Determining If a Claim Exists
Before proceeding, the debtor must determine whether an FDCPA claim exists. The FDCPA prevents debt collectors like Delta Outsource Group from behaving in a certain manner when collecting on a consumer debt. This behavior includes:
- If Delta Outsource Group has made phone calls or any other type of communication to the debtor at unusually early or late hours;
- If Delta Outsource Group made threats or used language that made the debtor feel like he or she is being threatened;
- If Delta Outsource Group has threatened to sue the debtor when they have no intention of pursuing a legal claim;
- If Delta Outsource Group threatened wage garnishment when they have no legal right or no intention of pursuing a garnishment;
- If Delta Outsource Group has contacted the debtor’s place of employment after being told not to do so;
- If Delta Outsource Group has communicated with third parties connected to the debtor in an effort to seek information on the debt or disclosing information about the debtor; or
- If someone associated with Delta Outsource Group has made viable threats to press criminal charges against the debtor.
If this behavior has occurred to the debtor by an employee of Delta Outsource Group, he or she may have a valid FDCPA claim. However, before filing a claim, the debtor needs to send a written notification to the company, informing them that they have violated the FDCPA and that a claim will be filed.
If Delta Outsource Group continues to contact the debtor at this point, an FDCPA violation can be filed.
What Damages Are Available?
If the debtor believes he or she has a valid FDCPA claim against Delta Outsource Group, the next step is to assess what types of damages can be requested. First, the debtor can receive statutory damages in the amount of no more than $1,000.
The debtor can also seek actual damages for physical or emotional distress. If any of these injuries caused the debtor to have to lose time at work or lose wages, he or she could seek lost wages.
The key is the debtor must be successful in showing the connection between the behavior exhibited by Delta Outsource Group and the injury sustained. The debtor can also seek out attorney’s fees for having to file the case.
Speaking with an Attorney
If the debtor has been subject to an FDCPA violation, an attorney should be consulted before filing an FDCPA claim against Delta Outsource Group. The reasons for this can be numerous.
For one, if the client fails at the case, he or she risks having to pay for Delta Outsource Groups’ legal fees. Also, it should almost always be assumed that the other side will come to court with legal representation. It benefits the debtor to have a legal professional on his or her side, as well, to even the playing field.
*Disclaimer: The content of this article is for information purposes only. It should not be used construed as legal advice. If you choose to file a claim against Delta Outsource Group or any other third-party collection agency, your claim may not be successful, and you may not be entitled to any compensation for your alleged injuries.