When you arrive home from work one night, a letter from RGS Financial sits among the other letters in your mailbox. It doesn’t take long for the debt collection agency letter to find the bottom of a trash can. A few days later, phone calls begin to come in from the third party debt collector.
At first, you send the calls to the home answering machine or cell phone voice mailbox. With the calls coming in daily, you wonder if you have the right to make the phone calls stop.
If a third party debt collector such as RGS Financial calls frequently, you have the legal right to demand the phone calls stop. However, having the right to demand the end of the phone calls is not the same as a bill collector agreeing with your demand.
Although there is not a federal law that protects consumers against the repeated phone calls made by debt collection agencies, you have the right to invoke one or more provisions of a landmark consumer protection law to end the repeated phone calls.
Methods to Get RGS Financial to Stop Calling You
Placing phone calls to your home and/or cell number is not considered harassment by the Fair Debt Collection Practices Act (FDCPA). Passed by the United States Congress in 1977, the FDCPA addresses the aggressive practices used by debt collection agencies.
A third party debt collector like RGS Financial is not allowed to issue threats, as well as implement deceptive debt collection techniques. Deception can be impersonating law enforcement or claiming your family wants you to take care of a delinquent credit card or personal loan account.
The FDCPA also makes it illegal for a bill collector to call you between the hours of 9 pm and 8 am.
What legal action can you take against RGS Financial? By hiring a licensed consumer protection lawyer, you have several options available to make the phone calls stop. You can send a cease and desist letter drafted by your attorney and sent via certified mail.
The FDCPA lawyer you hire might discover an outstanding consumer debt is no longer legally valid because of your state’s statute of limitations. If push comes to shove, your FDCPA attorney might file a lawsuit in civil court to seek monetary damages caused by pain and suffering.
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Are You Entitled to Monetary Damages?
A civil lawsuit filed against a debt collection agency will seek monetary damages caused by physical and/or emotional duress. You might be eligible to receive money for lost wages and the income garnished from your paycheck.
The FDCPA also allows consumers to seek statutory damages for violations of the groundbreaking consumer protection law. Statutory damages are awarded up to $1,000 for the lawsuit, not for each violation of the FDCPA.
If you win your FDCPA civil lawsuit, the judge will most likely order the third party debt collector to cover your attorney fees. In addition to the awarding of monetary damages, the ruling in your favor against RGS Financial should include injunctive relief, which represents the legal order for the bill collector to stop calling you.
Don’t let RGS Financial get the upper legal hand. Speak with a FDCPA lawyer today to learn more about how the federal law can get the debt collection agency to stop calling you.
Additional Resources
*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 RGS Financial or any other third-party collection agency, you may not be entitled to any compensation.