Responding to growing consumer concerns, the United States Congress passed the most influential consumer protection bill on September 20, 1977. Often referred to as the consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) prohibits debt collection agencies from threatening consumers in any manner.
The FDCPA also bans the long standing practice of harassing consumers by calling them at all hours of the day. What many consumers do not know is the FDCPA includes a provision that requires third party debt collectors to send consumers what is called a debt validation letter.
Far too many debt collectors bank on consumers not knowing their rights under the FDCPA, especially when it comes to evidence-producing documents such as a debt validation letter.
According to the FDCPA, a bill collector like Advanced Capital Solutions, Inc. has five days since the first time the company contacted you to mail you a debt validation letter. Not only should you know that Advanced Capital Solutions, Inc. is bound by law to send you a debt validation letter, the FDCPA also declares exactly what should be included in the correspondence.
Know What Must Be in a Debt Validation Letter
A debt validation letter sent by a third party debt collector should include the account number of the alleged debt at the top of the letter. The first paragraph should include the exact amount of money you owe on the debt, as well as the name of the original creditor. Make sure to access your personal finance records to validate the amount owed.
Next, you should see a statement that says the bill collector will assume the debt is valid, if you do not respond to the debt validation letter withing 30 days of receiving it. Another statement should follow that reads you can request information about the original creditor within 30 days of getting the debt validation letter.
Know exactly what a debt validation letter should include by reaching out to a licensed federal consumer protection attorney. Your FDCPA lawyer might advise you to file a claim against Advanced Capital Solutions, Inc. that seeks monetary damages.
Are You Entitled to Monetary Damages?
The FDCPA is a comprehensive consumer protection law because it grants consumers the right to seek monetary damages for the pain and suffering caused by the illegal actions of a bill collector. Statutory damages, which the FDCPA limits to no more than $1,000, cover every violation of the landmark consumer protection law committed by the same company.
You also have the right to seek actual damages. Congress did not place a restriction on how much money consumers can seek for actual damages, which cover the costs associated with physical and/or emotional distress symptoms. Two examples of physical duress symptoms are suffering a mild stroke and enduring frequent migraine headaches.
An Experienced FDCPA Attorney Can Help
If Advanced Capital Solutions, Inc. failed to send you a debt validation letter, you should consult with an accomplished FDCPA lawyer to determine the way to proceed with your case. Your FDCPA attorney will acquire all of the evidence needed to make a compelling case during a civil court proceeding.
Most FDCPA lawyer schedule free initial consultations with new clients to determine the best course of legal action.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Advanced Capital Solutions, Inc., or any other third-party collection agency, you may not be entitled to compensation.