If someone is facing debt collection proceedings, that person may find himself or herself dealing with multiple creditors, as well as debt collectors. If one of those companies is Global Credit & Collection Corporation, the debtor needs to understand his or her rights against that company.
The Fair Debt Collection Practices Act
The Consumer Credit Protection Act provides protection to debtors who are in the middle of debt collection proceedings. Under this law, the Fair Debt Collections Practices Act (FDCPA) protects debtors against unfair debt collection practices.
The Consumer Credit Protection Act is a larger law that includes the FDCPA, which provides rules that third-party debt collectors, like Global Credit & Collection Corporation, must follow when collecting on a consumer debt.
If an employee of Global Credit & Collection Corporation violates one of these rules, the debtor can seek compensation for damages sustained against the collector.
About Global Credit & Collection Corporation
Global Credit & Collection Corporation is a third-party debt collector headquartered in Williamsville, New York. The company, however, has international locations in Ontario, Montreal, and Quebec in Canada, as well as Panama City in Panama.
The company was established in 1999 and focuses on helping clients in telecommunication services and the financial sector.
Determining If a Claim Exists
Before going forward, the debtor needs to be sure that he or she has a valid claim. The FDCPA prevents debt collectors from behaving in a certain manner when collecting on a consumer debt. This behavior includes:
- If Global Credit & Collection Corporation calls the debtor at “odd hours,” which normally means early in the morning or late in the evening or night;
- If Global Credit & Collection Corporation has used threats when communicating with the debtor or other people connected to the debtor;
- If Global Credit & Collection Corporation threatened to sue the debtor when they have no intention of filing a law suit;
- If Global Credit & Collection Corporation has threatened to garnish the debtor’s wages when they have no legal right or no intention of pursuing a garnishment;
- If Global Credit & Collection Corporation has contacted the debtor at work when he or she has specifically stated that no personal calls are to be made there;
- If Global Credit & Collection Corporation has contacted third parties connected to the debtor in an effort to seek information on the debt or disclosing information about the debtor; or
- If Global Credit & Collection Corporation has threatened to file criminal charges against the debtor while collecting on the debt.
If this behavior has occurred to the debtor by Global Credit & Collection Corporation, he or she may have a valid FDCPA claim. However, the debtor must send a written notification to Global Credit & Collection Corporation, informing them of the violation.
If the Global Credit & Collection Corporation 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 Global Credit & Collection Corporation, the next step is to assess what types of damages he or she could request. The debtor can receive statutory damages in the amount of no more than $1,000 in all FDCPA cases.
The debtor can also seek actual damages. Actual damages can include compensation for physical distress, including medical bills or treatment needed because of the physical distress caused as a direct result of the harassment.
In addition, actual damages can include emotional distress damages caused from the FDCPA violations. If the harassment caused the debtor to lose time at work, the actual damages can include lost wages. In addition, attorney’s fees needed to pursue an FDCPA claim can be reimbursed with the final award given, on top of filing fees and court costs.
Speaking with an Attorney
An attorney always needs to be consulted when pursuing an FDCPA claim. If a case is brought and is not successful, the debtor risks the chance of having to pay for the other side’s attorneys’ fees.
Global Credit & Collection Corporation will most likely come to court with legal representation. It evens the playing field by having counsel on the debtor’s side, as well.
*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 Global Credit & Collection Corporation 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.