Before September 20, 1977, American consumers had little, if any legal recourse to fight back against the aggressive tactics used by debt collection agencies. In fact, it was a world of “Pay up or else” for consumers mired in substantial debt. It took years of consumer complaints, but the United States Congress finally took action by passing what many consumer law experts to be the ultimate consumer bill of rights.
Referred to as the Fair Debt Collection Practices Act (FDCPA), the groundbreaking consumer protection law makes a long list of previously legal debt collection practices unlawful. For example, a debt collection agency like Rash Curtis & Associates is not allowed to call you between 9 pm and 8 am.
In addition, you do not have to put up with repeated harassing phone calls made by a third party debt collector. The FDCPA also forbids bill collectors from using deception to trick consumers into paying off outstanding credit card and personal loan accounts.
Rash Curtis & Associates Cannot Threaten Legal Action
Although many consumers are aware of a federal consumer protection provision that bans the issuance of physical threats, most consumers do not know the FDCPA also prohibits bill collectors from issuing threats to take legal action. You might receive a letter from Rash Curtis & Associates threatening legal action.
The explicit wording of the threat makes it easy for a licensed consumer protection lawyer to make the threats stop. However, some threats to take legal action are vaguer and in some cases, civil courts have ruled the vague threats violate the FDCPA.
For example, Rash Curtis & Associates might write a letter that includes the following sentence: “You have seven days to comply with our request.” While not a direct threat, it can be implied the debt collection agency is giving an ultimatum.
Tips on What Someone Should Do When Threatened
The most important tip on how to handle a threat to take legal action from a bill collector involves contacting a licensed consumer protection lawyer that has compiled an impressive record of winning FDCPA cases. Your FDCPA attorney will perform a thorough investigation into your case that includes reviewing any evidence you present demonstrating Rash Curtis & Associates violated one or more provisions of the FDCPA.
If your lawyer discovers one or more violations of the FDCPA, he or she might opt to fight back by filing a claim in civil court. In a case involving threats of a lawsuit, you FDCPA attorney will need to present evidence that proves the threats were made.
A successful FDCPA claim might make you eligible to receive monetary damages for the pain and suffering caused by the illegal actions of a debt collection agency. Monetary damages can cover medical bills, as well as the wages lost because of fewer hours worked. You should also be able to recover all of the money you paid your attorney to litigate the case.
Never let a third party debt collector such as Rash Curtis & Associates threaten legal action. Speak with an experienced consumer protection attorney today to learn more about how the FDCPA protects consumers. Complete the Free Case Evaluation today!
*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 Rash Curtis & Associates or any other third-party collection agency, you may not be entitled to any compensation.