If you are facing debt collections proceedings, you may find yourself dealing with debt collectors who are both harassing and unprofessional. If one of those companies is Profit Services Group, it is important you, as the debtor, understand your rights.
The Fair Debt Collection Practices Act
First, the debtor must understand what the law allows and what it does not allow. The Fair Debt Collections Practices Act (FDCPA) provides protection for debtors against unfair debt collection practices from third-party debt collectors, like Profit Services Group.
The FDCPA is part of a larger act, which is the Consumer Credit Protection Act. The FDCPA details specific rules that third-party debt collectors must abide by when collecting on a consumer debt.
If the Profit Services Group violates one of these rules, the debtor can seek compensation for damages sustained against the collector.
About Profit Services Group
Profit Services Group is a collection agency headquartered in Savannah, Georgia. The company was founded in 1986 and maintains a small staff of less than ten employees. Profit Services Group provides accounts receivable and collections services on various types of consumer debts.
Determining If a Claim Exists
The FDCPA prevents debt collectors from behaving in a certain manner when collecting on a consumer debt. This behavior includes:
- If Profit Services Group has called the debtor at what are referred to as “odd hours,” which normally means before 8 a.m. or after 9 p.m.;
- If an employee of Profit Services Group has used threatening or violent language when communicating with the debtor or other people connected to the debtor;
- If Profit Services Group has threatened to file a law suit against the debtor when they have no intention of pursuing one;
- If Profit Services Group has threatened to garnish the debtor’s wages when they have no legal right or no intention of pursuing a garnishment;
- If Profit Services Group has called the debtor multiple times at his or her place of business when he or she has specifically stated that no personal calls are to be made there;
- If Profit Services Group has spoken with individuals other than the debtor in an effort to seek information on the debt or disclosing information about the debtor; or
- If Profit Services Group has threatened to file criminal charges against the debtor while collecting on the debt.
If this behavior has occurred to the debtor by an employee or employees of Profit Services, he or she may have a valid FDCPA claim to be filed in state court.
Prior to filing a claim, however, the debtor needs to send a written notification to the debt collector, informing them that they have violated the FDCPA and that a claim will be filed. If the debt collector 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 Profit Services Group, the next step is to assess what types of damages are going to be requested. In all FDCPA claims, the debtor can receive statutory damages in the amount of no more than $1,000.
On top of the statutory damages, the debtor can also seek actual damages from Profit Services Group. 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 harassing behavior.
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.
The key is the debtor must be successful in showing the connection between the behavior exhibited by the Profit Services Group and the injury sustained. 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
If the debtor has been subject to an FDCPA violation, an attorney should be consulted before filing an FDCPA claim against Profit Services Group. The attorney can advise the client on what needs to happen to prove a successful case.
If a case is brought and is not successful, the debtor risks the chance of having to pay for the collection agency’s attorneys’ fees. Also, it should almost always be assumed that even though Profit Services Group is not one of the larger collection companies, they will likely come to court with legal representation.
*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 Profit Services Group 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.