What motivates debt collection agencies to come hard after consumers? It’s quite simple: money. Third party debt collectors resort to underhanded tactics at best and overly aggressive practices at worst because of the payoff generated by collecting outstanding credit card and personal loan balances.
Bill collectors either directly work for original creditors to receive a commission or they buy consumer debt outright for a fraction of the original amount owed.
Despite what a debt collection agency wants you to believe, you do not have to take verbal abuse or accept any threats made by the agency. Under a landmark consumer protection law, third party debt collectors are forbidden to implement a vast number of previously acceptable debt collection tactics.
The Fair Debt Collection Practices Act (FDCPA) also provides consumers with the legal recourse to seek monetary damages for one or more violations of the consumer protection law. Key to winning monetary damages is collaborating with an experienced FDCPA lawyer.
Examples of FDCPA Violations
One of the most cited examples of a FDCPA violation involves bill collectors calling consumers at all hours of the day. To capture the element of surprise, it is not out of the question for a debt collection agency like FH Cann & Associates, Inc. to call you at home or on your cell phone deep into the night.
The FDCPA clearly states that any phone calls made by a third party debt collector after 9 pm and before 8 am is a violation of the groundbreaking federal law. How do you prove a bill collector called you after hours?
If you live in a one party consent state, you need only your permission to tape record a phone call with a debt collection agency. A taped phone call will provide you with a verifiable time stamp of the call.
Other violations of the FDCPA include bill collector trying to collect on a debt you have already paid off. It is a common practice for some debt collection agencies to try to collect more than what is actually owed on a credit card or personal loan account.
Your FDCPA lawyer will collect every bill sent to you by the original creditor and the debt collection agency to prove the creditor and/or the agency illegally tried to get more money out of you than you were required to pay.
Do You qualify for Monetary Damages?
The FDCPA not only prohibits dozens of debt collection agency practices, it also ensures violators of the FDCPA will pay consumers that are victimized by their illegal practices. Another unlawful tactic used by third party debt collectors is to take money out of consumer bank accounts, without first gaining approval from a judge who issues a wage garnishment order.
If your wages have been illegally garnished by FH Cann & Associates, Inc. you have the right under the FDCPA to recover every last cent of the garnished money. Never allow a third party debt collector walk all over you. Invoke your FDCPA granted rights by speaking with a licensed consumer protection lawyer.
- Has a Debt Collector Used Profane Language?
- Did a Debt Collector Identify Themselves to a Third-Party?
*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 FH Cann & Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.