You are having a highly productive day at work until the phone rings on your desk. On the other end of a line is a representative from Convergent, and the conversation quickly deteriorates into a one sided affair that includes the use of intimidating debt collection tactics. After hanging up the phone, your mind races in an effort to decide how to handle the harassment delivered by the debt collection agency. Your best strategy involves referring to a landmark consumer protection law that was enacted by the United States Congress on September 20, 1977.
Called the Fair Debt Collection Practices Act (FDCPA), the federal consumer protection law is labeled by many legal scholars as the consumer Bill of rights. Tucked into the historic legislation are dozens of provisions that prohibit previously acceptable debt collection practices. For example, a bill collector like Convergent is not permitted to demand more money than what is actually owed on a delinquent credit card or a personal loan account. The FDCPA also bans the use of abusive language.
How Convergent Threatening Legal Action Violates the FDCPA
Congress devoted a large section of the FDCPA to the overly aggressive technique of issuing threats. Under the FDCPA, Convergent cannot threaten to seize your property for liquidation into cash that pays off an outstanding credit card or a personal loan balance. Convergent cannot threaten to contact the IRS, as well as threaten you with a wage garnishment order. The FDCPA also bans threats to take legal action.
If Convergent has threaten to file a lawsuit against you in a civil court, you should immediately speak with a licensed FDCPA attorney to determine the best way to fight back against the third party debt collector.
What to Do When a Bill Collector Threatens Legal Action
How do you handle the threats made by a debt collection agency to take legal action? If a third party debt collector threatens you at work, the FDCPA gives you the legal power to demand the phone calls stop. Referred to as the “Right to know” clause of the FDCPA, a bill collector must stop communicating with a consumer in the workplace because the agency has been told the phone calls violate company policy. Your employer does not even have to get involved. All you have to do is instruct Convergent that it has the right to know your employer prohibits such phone calls.
Your FDCPA lawyer will thoroughly review your case to determine if you have enough evidence to file a claim against a third party debt collector. If Convergent has violated one or more provisions of the FDCPA, you have the right to file a claim that seeks statutory damages for all violations of the consumer protection law. Statutory damages are one time awards that cannot exceed $1,000. You also have the right to seek monetary damages for suffering from physical and/or emotional distress. Your FDCPA attorney will have to present physical and anecdotal evidence that backs up your allegations.
Take the lead in stopping the threats to take legal action made by a debt collection agency. Schedule a free initial consultation with a FDCPA lawyer to discover all of your legal options.
*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 Convergent or any other third-party collection agency, you may not be entitled to any compensation.