Debt collection agencies like Vital Recovery Services want consumers to remain in the dark when it comes to a landmark consumer protection law. Considered the consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) received congressional approval in 1977 to protect consumer against aggressive debt collection practices. The FDCPA contains numerous provisions that outlaw previously legal debt collection tactics, such as harassing consumers by making repeated phone calls at home and at work throughout the day.
The FDCPA also includes a section that grants consumers the right to seek monetary damages for the pain and suffering caused by third party debt collectors that break the law. Statutory damages, which represents a one time financial award given to consumers, punishes bill collector for violating the FDCPA. Other monetary damages awarded to consumers include just compensation for suffering from physical and/or emotional distress. Consumers also have the right to seek just compensation for lost wages, as well as any money garnished from paychecks because of a delinquent debt.
How Vital Recovery Services Threatening Legal Action Violates the FDCPA
Before September 20, 1977, many debt collection agencies treated consumers like loan sharks treated debtors. The FDCPA changed all of that by banning the practice of issuing any kind of threat. Since 1977, third party debt collectors are prohibited from issuing threats of physical harm, as well as making threats to seize private property and threats to contact friends and family members concerning an outstanding credit card or a personal loan balance. Another provision within the FDCPA clearly bans the practice of threatening to take legal action against consumers. If Vital Recovery Services has threatened legal action, you should immediately contact a licensed consumer protection lawyer who specializes in litigating FDCPA cases.
What to Do When Vital Recovery Services Threatens Legal Action
Contacting a FDCPA attorney in response to a threat issued by Vital Recovery Services ensures you enjoy all of the legal protections granted by the FDCPA. You consumer protection lawyer will thoroughly review your case, especially any evidence you have collected that proves a third party debt collector has threatened to take legal action. If you have not collected any evidence, you should begin collecting and organizing every letter and email sent to you by Vital Recovery Services that includes a threat to take legal action.
For collecting evidence of threats issued over the phone, you might be able to take advantage of a state law called one party consent. Many states have enacted the one party consent law that allows you to tape record tape record a phone call, without needing the permission of any other party to tape the call. The next time Vital Recovery Services calls you at home or at work, you can invoke one party consent to record the entire conversation. Consult with your FDCPA attorney to see if your state has passed a one party consent statute.
Never allow a bill collector like Vital Recovery Services to walk all over you. Leverage the consumer protection rights given to you by scheduling an initial consultation with an experienced FDCPA lawyer.
*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 Vital Recovery Services or any other third-party collection agency, you may not be entitled to any compensation.