Before September 20, 1977, consumers were at the legal mercy of debt collection agencies that used intimidation to collect delinquent credit card and personal loan balances. In response to years of push back by consumers, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). Hailed as the consumer bill of rights, the FDCPA prohibits a long list of debt collection actions that for decades had been deemed acceptable under federal law. The FDCPA also includes a punitive clause that allows consumers to sue law breaking third party debt collectors for monetary damages.
The FDCPA outlaws the long used practice of harassing consumers over the phone. A debt collector like Glass Mountain Capital, LLC is prohibited from making repeated phone calls to your home landline, as well as to your cell phone. Bill collectors are restricted in when they can call consumers, which is the timespan between 8 am and 9 pm. Another provision written into the FDCPA bans the intimidating practice of issuing threats to consumers.
Issuing Threats is Prohibited by the FDCPA
Although the FDCPA forbids the issuance of any kind of threat, the consumer protection law specifically mentions the threat to take legal action. According to the FDCPA, a debt collection agency such as Glass Mountain Capital, LLC cannot threaten you with legal action. If you receive a letter threatening you with a lawsuit, you need to save the letter for when you meet with a licensed consumer protection lawyer that specializes in representing clients in FDCPA cases.
You should also record every phone call conversation with a representative from Glass Mountain Capital, LLC. A tape of recorded phone conversations will reveal any threats made by the bill collector. Just remember you need to gain permission to tape record phone calls if you do not live in a one party consent state.
Handling the Threats of Legal Action
Many bill collectors bank on consumers not knowing about their FDCPA rights. If a debt collection agency has sent you a letter or made a phone call to you that includes a threat to take legal action, you should immediately consult with a FDCPA attorney. A FDCPA lawyer will thoroughly review your case to determine whether there is enough evidence of illegal acts to file a counter claim seeking monetary damages.
If your attorney does not choose to file a claim, he or she has other ways to end the threatening legal action letters and phone calls. One strategy involves invoking the statute of limitations established by your state for debt collection efforts. You lawyer will know how to time the statute of limitations, which typically starts on the last day any activity was made on the account in question. Another way to stop threatening communication is to send Glass Mountain Capital, LLC a formal cease and desist notice. It is important to have a FDCPA attorney craft the cease and desist letter to ensure full compliance by Glass Mountain Capital, LLC.
Speak with a highly rated consumer protection lawyer today to learn more about how the FDCPA prohibits the intimidating practice of threatening legal action in a debt collection case.
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*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 Glass Mountain Capital, LLC or any other third-party collection agency, you may not be entitled to any compensation.