It starts with a letter sent by FH Cann & Associates that demands payment on an outstanding credit card account. Ignoring the letter does not make the problem go away, as the debt collection agency begins to call you at home and at work throughout every day. Eventually, the third party debt collector reaches out to a friend or a relative regarding your debt. Did FH Cann & Associates contact a third party regarding your debt? If the bill collector contacted a third party, the company might have violated a provision of a groundbreaking federal consumer protection law.
When Contacting a Third Party Breaks the Law
In response to intense pressure applied by a growing number of American consumers, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). The 1977 consumer protection law outlaws a large number of debt collection practices, including the effective practice of a bill collector contacting a third party concerning a debt.
FH Cann & Associates is barred for discussing any element of your debt. For example, the debt collection agency cannot demand that a third party settle your debt, as well as ask for information in regards to your financial status. However, the FDCPA makes a few exceptions to the third party rule that many bill collectors try to exploit.
For example, the FDCPA permits a debt collection agency to contact the co-signee of a credit card or a personal loan application. Consumers have many reasons for having a second person sign off on a credit application. From bolstering the financial strength of a credit application, to providing a lender with collateral, co-signing a credit application typically improves the chances of the application being approved.
Nonetheless, some debt collection agencies take advantage of the co-signing exception by subtly transitioning into a more aggressive debt collection approach that violates one or more provisions of the FDCPA. If you have endured the illegal debt collection technique of a bill collector discussing your debt with a third party, the time has come to work with a licensed FDCPA lawyer.
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How to Fight Back against a Debt Collection Agency
The FDCPA not only outlaws dozens of previously acceptable debt collection tactics, the federal consumer protection law also gives you the right to seek statutory and monetary damages for FDCPA violations. Having to go through the debt collection process can trigger physical distress symptoms that include the development of skin rashes and/or intense migraine headaches.
Your FDCPA lawyer will present physical evidence that proves the existence of the physical duress symptoms, as well as link the symptoms to the illegal acts performed by FH Cann & Associates, Inc. Evidence such as medical documentation and the expert testimony provided by healthcare specialists will bolster your FDCPA claim. Statutory damages are awarded for all of the proven violations of the FDCPA. Although statutory damages are capped at $1,000, there is not a limit placed on the awarding of monetary damages.
Waste no time addressing the illegal debt collection tactic of a debt collection agency contacting a third party regarding your debt. Speak with an experienced consumer protection attorney who specializes in litigating FDCPA cases.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FH Cann & Associates or any other third-party collection agency, you may not be entitled to compensation.