Before September 20, 1977, debt collection agencies were allowed to use a wide variety of aggressive debt collection tactics to coerce consumers into paying off outstanding credit card and personal loan accounts.
The financial incentive is incredibly high for third party debt collectors to relentlessly pursue consumers. Creditors pay well to recover some or all of a delinquent consumer debt. Bill collectors also rake in the cash by purchasing consumer debts for just a fraction of the entire amount owed.
To temper debt collection agency resolve, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA). The FDCPA represents a comprehensive list of outlawed third party debt collector practices.
It also gives consumer the right to seek monetary damages for one or more violations of the federal consumer protection law. If you have endured bill collector harassment, you should work with a licensed FDCPA attorney to decide which course of legal action works best for your case.
Prohibited Debt Collection Agency Tactics
The FDCPA makes it illegal for third party debt collectors to verbally abuse consumers. This means a bill collector like Hillcrest, Davidson & Associates is not permitted to use profanity during phone conversations. How do you prove a debt collection agency has verbally abused you?
Many states have enacted state FDCPA laws that contain “one person consent” clauses, which means only one person needs to grant permission for the tape recording of a phone conversation.
Another phone call-related provision of the FDCPA prohibits third party debt collectors from calling consumers between 9 pm and 8 am.
Despite the FDCPA, far too many bill collectors shun the landmark consumer protection law. One of the strategies used by bill collectors is to shame consumers into taking care of delinquent credit card and personal loan accounts.
Shame can come in the form of a debt collection agency reaching out to your family members and/or professional peers. However, the FDCPA clearly forbids third party debt collectors from trying to use relatives and co-workers as leverage in debt collection cases.
A bill collector such as Hillcrest, Davidson & Associates is prohibited from implementing deceptive debt collection tactics that can include impersonating the IRS or a law enforcement agency.
How to Seek Monetary Damages against Hillcrest, Davidson & Associates
By working with an experienced FDCPA attorney, you will be able to determine whether your case is strong enough to file a civil lawsuit that asks for financial compensation. Monetary damages can cover physical and/or emotional duress.
You can also seek payment for the wages lost because the actions of a debt collection agency. Maybe your employer cut back on your hours because of a lack of productivity. The FDCPA grants consumers the right to seek compensation for all the wages garnished through the issuance of a court order.
Even if you cannot prove physical and/or emotional distress, the FDCPA gives you the right to seek statutory damages for the entire case that can go as high as $1,000.
Speak with a consumer protection lawyer today to ensure you receive every right granted by the FDCPA.
*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 Hillcrest Davidson & Associates or any other third-party collection agency, you may not be entitled to any compensation.