For decades leading up to September 20, 1977, American consumers were under fire from overly aggressive debt collection agencies that used harassment and intimidation to coerce consumers into taking care of delinquent credit card and personal loan accounts.
Because of the outcry made by a large number of consumers, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). The groundbreaking federal consumer protection law bans dozens of debt collection tactics that were commonplace prior to September 20, 1977.
Congress also granted consumers the right to file claims against third party debt collectors such as EOS CCA.
Determining if a Claim Exists
Although it seems like a bill collector has crossed the legal line by violating the FDCPA, you might not have a strong enough case to proceed with a lawsuit.
Filing a claim requires you to present compelling physical evidence, such as phone records and any medical documents that demonstrate you suffer from physical and/or emotional duress.
Only a licensed consumer protection attorney who has amassed an impressive record of successfully litigating cases can determine whether you have enough evidence to file a claim.
Your FDCPA lawyer will also conduct a comprehensive investigation to determine which of the FDCPA provisions EOS CCA violated. For example, the debt collection agency is not allowed to deceive you in any way.
EOS CCA cannot try to collect more than what is owed on a credit card or a personal loan balance. Another deceptive debt collection technique involves trying to collect money on a consumer debt that the consumer has already paid off.
The FDCPA forbids the longstanding debt collection tactic of impersonating a law enforcement official. Some third party debt collectors impersonate law enforcement agencies to ramp up the intimidation.
Type of Monetary Damages
Punitive monetary damages do much more than punish a bill collector like EOS CCA. Monetary damages also can cover the cost of treating emotional distress symptoms. Examples of emotional duress symptoms triggered by overly aggressive debt collection practices include sudden outbursts and long bouts with depression.
Since proving the existence of emotional duress symptoms is hard to do, it is imperative that you work with a licensed FDCPA attorney to present enough evidence to warrant the filing of a claim. Your lawyer will call to the stand several mental health experts to confirm your emotional distress symptoms.
Speak to an FDCPA Lawyer
Working with an FDCPA attorney delivers several benefits. First, you no longer have to worry about dealing with the overly aggressive debt collection tactics implemented by EOS CCA. Second, you ensure every legal document is filed on time and in the proper manner.
Third, an FDCPA attorney acts as a legal buffer between you and a debt collection agency. Less time spent on your case means more time for you to do other things. Many FDCPA attorneys work on a contingency fee basis, which means they get paid when their clients get paid.
The commission-like structure of your attorney’s fee is a powerful motivator for the lawyer to win your FDCPA case.
Do not let EOS CCA walk all over you. Schedule a free initial consultation with an FDCPA lawyer today.
*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 EOS CCA or any other third-party collection agency, you may not be entitled to any compensation.