Has a debt collection agency threatened you with legal action? Despite a federal consumer law passed by the United States Congress in 1977, many third party debt collectors ignore the federal law by continuing to issue threats against consumers. According to the Fair Debt Collection Practices Act (FDCPA), bill collectors are not allowed to threaten consumers in any way.
In addition to the FDCPA provision covering threats, the federal consumer protection law includes dozens of provisions that outlaw other types of harassing and intimidating debt collection techniques. For instance, did you know that a debt collection agency such as Avante USA, Ltd. Is prohibited from calling you between the hours of 9 pm and 8 am? The FDCPA also forbids the practice of bill collectors contacting friends and family members in an attempt to embarrass you into paying off an outstanding credit card or a personal loan account.
The FDCPA allows consumers to seek monetary damages from debt collection agencies for one or more violations of the landmark law.
Types of Threats Covered by the FDCPA
With money as a powerful motivator for third party debt collectors, it is a common debt collection practice to threaten consumers in several ways. Although the Depression era days of extortion and racketeering have disappeared from the bag of tricks used by bill collectors, some agencies still threaten to seize private property and threaten to call the IRS to coerce consumers into paying off delinquent debts.
Perhaps the most intimidating threat is the threat of taking legal action against a consumer. If you have received a letter or a phone call from a third party debt collector that clearly threatens you with legal action, you should immediately contact a licensed consumer protection lawyer that has established a record of successfully litigating FDCPA cases.
Tips on How to Handle the Threat of Legal Action
By hiring a highly rated FDCPA attorney, you might convince Avante USA, Ltd. that you are serious about protecting the rights given to you by the federal consumer protection law. If the third party debt collector continues to threaten you with legal action, your lawyer has several options to pursue that will end the harassment. He or she might request a debt settlement allowing you to pay off the delinquent credit card or the personal loan account for a fraction of what is originally owed on the debt source. Experienced FDCPA attorneys are highly skilled at negotiating with bill collectors to settle overdue consumer debts.
Your FDCPA attorney can also send Avante USA, Ltd. a formal cease and desist notice. Within the notice, your attorney will use balanced language to persuade the debt collection agency to stop contacting you. Consumers that try to write cease and desist letters themselves might taint the primary message of the letters by including emotionally charged language. Your FDCPA attorney will explain that Avante USA Ltd. is allowed by law to make contact just one more time to explain the bill collector will no longer be mailing letters or making phone calls.
Take advantage of the FDCPA by working closely with an experienced consumer protection lawyer who is an expert at handling FDCPA cases. You should schedule a free initial consultation to determine how to stop the threats of legal action made by a third party debt collector.
*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 Avante USA, Ltd. or any other third-party collection agency, you may not be entitled to any compensation.