Having to deal with a debt collection agency can trigger considerable anxiety. Between the constant phone calls and threatening snail mail letters, you feel like you are boxed in a legal corner.
Fortunately for you and other consumers that have to endure aggressive debt collection tactics, there is a powerful federal consumer protection law that has put legal restrictions on the behavior of third party debt collectors such as Victory Recovery Services.
For decades leading up to 1977, bill collectors ran their businesses like mobsters ran extortion rackets. Threats, intimidation, and abusive language all formed a potent brew of discontent among American consumers.
In response to the growing discontent among consumers, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA). The FDCPA includes two important sections. First, it clearly explains what types of debt collection agency practices are illegal.
Second, the FDCPA allows consumers to file claims in civil court that seek monetary damages.
How to Determine if You Have a Claim
Third party debt collectors bank on consumer ignorance when it comes to the legal protections granted by state and federal consumer protection laws. A bill collector does not want you to know you have the right to file a claim to address illegal debt collection techniques.
Moreover, you can expect a debt collection agency such as Victory Recovery Services to employ the legal muscle to fight back against claims of unethical and illegal behavior.
Your best option to determine whether you have a valid claim against a third party debt collector is to contact a licensed consumer protection attorney.
Your attorney will look for obvious signs of bill collector negligence, including discovering evidence a debt collection agency called you outside of the hours permitted by the FDCPA. According to the FDCPA, Victory Recovery Systems is prohibited from calling consumers between 9 pm and 8 am.
If you receive a phone call from a third party debt collector outside of the legally mandated times, you should present evidence in the form of phone call time stamps to your FDCPA lawyer. Debt collection agencies are also barred from repeatedly calling consumers both at home and at work.
Damages Available for Consumers
It is one thing to prove a third party debt collector violated the FDCPA. It’s quite another thing for you to prove the illegal debt collection practices caused you pain and suffering. For FDCPA violations, a third party debt collector like Victory Recovery Services can be on the legal hook for statutory damages that run as high as $1,000.
However, you might have a strong enough case to win monetary damages for suffering from physical and/or emotional duress. Emotional duress is much harder to prove than proving the signs of physical distress.
Your FDCPA lawyer will walk you through the process of acquiring the evidence needed to pursue an emotional distress claim.
Work with a FDCPA lawyer to ensure you receive all the rights granted by the monumental consumer protection law.
*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 Victory Recovery Services or any other third-party collection agency, you may not be entitled to any compensation.