Owning money on several credit card accounts can cause considerable stress. What happens when one or more of the debts go into collections?
Life throws us many curve balls, with the loss of a job or having to pay off an expensive medical bill adversely affecting our ability to take care of monthly debt installment payments. The stress caused by dealing with mounting bills turns into acute anxiety when a debt collector calls you at home.
Most consumers are not aware of a federal law that prohibits certain types of third party debt collector behavior. However, does the consumer protection law limit the number of phone calls a bill collector can make?
The answer falls in the gray area of consumer protection law and even if you tell a debt collection agency like Scott & Associates to stop calling you, the bill collector or original creditor can try other ways to get you to pay off a delinquent debt.
Moreover, failing to take care of one or more credit card accounts can lead to a blemish on your credit report.
Methods for Stopping Calls from Scott & Associates
Enacted by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) does not specify a limit for the number of phone calls made by third party debt collectors.
However, a bill collector is not allowed to call you repeatedly and/or harass you into paying off an outstanding credit card or personal loan balance. The FDCPA prohibits aggressive behavior in the form of abusive language and threats made to take consumers to court.
Debt collection agencies are also strictly forbidden to call consumers between the hours of 9 pm and 8 am.
If a bill collector violates one or more provisions of the FDCPA, you have the right to send a letter explaining the debt collection practices are illegal. You also include language that promises to report illegal debt collection behavior to the Federal Trade Commission (FTC) and your state’s Attorney General Office.
Some debt collection agencies thumb their noses at the FDCPA, which means you should enlist the legal help of a licensed consumer protection lawyer to get Scott & Associates off your back.
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Types of Monetary Damages Granted by the FDCPA
Congress gave the FDCPA teeth by allowing consumers to seek monetary damages for violations of the FDCPA. Having to deal with aggressive bill collectors can cause physical problems ranging from higher blood pressure to a stroke triggered by intense anxiety.
Other physical ailments caused by dealing with a debt collection agency include skin rashes, muscle pain, and migraine headaches. Your FDCPA attorney will document every instance of a physical issue and present the evidence during a civil lawsuit filed against a third party debt collector.
Another type of monetary award handed down by a judge involves violations of the FDCPA. You might not experience physical or emotional distress, but you can receive up to $1,000 for statutory damages stemming from FDCPA violations.
Remember you are allowed up to $1,000 for the civil lawsuit, not $1,000 for each FDCPA violation.
Third party debt collectors such as Scott & Associates work closely with a team of lawyers that have litigated and negotiated numerous FDCPA cases. Enjoy the legal protections granted by the landmark federal law by speaking with an experienced consumer protection attorney today.
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 Scott & Associates or any other third-party collection agency, you may not be entitled to any compensation.