Debt collection agencies have plenty of financial incentive to force consumers into paying off outstanding credit card and personal loan balances. They can either receive a hefty fee for collecting delinquent debts or purchase consumer debts from original creditors for a fraction of the entire amount owed.
For purchased debts, third party debt collectors can pay as little as 25% of the original amount owed. Now you know why some bill collectors cross the legal line.
It’s called profit.
In response to a massive number of consumer complaints, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA) to restrict the tactics used by debt collection agencies.
For example, the landmark consumer protection law prohibits the use of abusive language in both oral and written forms. In addition to clearly outlawing certain debt collection practices, the FDCPA also grants consumers the right to file claims that seek monetary damages.
Determining if a Claim Exists
If you have been the subject of debt collection agency harassment, you might have a case to file a claim against the third party debt collector. Instead of playing a guessing game with your case, you should work with a licensed consumer protection lawyer that knows how to protect your rights.
Your lawyer might discover the statutes of limitations has expired on your case, which means a bill collector such as Elite Recovery Services, Inc. has violated the FDCPA by continuing to harass you into paying off a debt you no longer are required to pay.
According to the FDCPA, consumers have valid claims in cases involving threats and deception. Debt collection agencies are forbidden to threaten to seize private property, as well as threaten to take consumers to court.
Deceptive debt collection practices that are outlawed by the FDCPA include impersonating the IRS and law enforcement agencies. Third party debt collectors are also barred from placing consumers on “bad debt” lists.
Once on a bad debt list, your name might be displayed online for tens of thousands of people to see, including people that are close to you. Bill collectors use shame to coerce consumers into taking care of credit card and personal loan accounts.
Are You Eligible to Receive Monetary Damages?
For one or more violations of the FDCPA, bill collectors might have to pay statutory damages that cannot exceed $1,000. One-time statutory damages cover an entire FDCPA lawsuit, not every violation of the FDCPA.
If you can prove violations of the FDCPA caused physical and/or emotional distress, you might be eligible to receive monetary damages that are not capped by the federal law. Proving a direct connection between FDCPA violations and your pain and suffering requires the seasoned legal counsel of a FDCPA attorney.
Don’t let Elite Recovery Services, Inc. get away with violating one of more provisions of the FDCPA. Speak with a highly rated consumer protection lawyer today to learn more about how the FDCPA helps protect you against aggressive debt collection agency tactics.
*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 Elite Recovery Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.