Why do some debt collection agencies continue to violate a long standing federal consumer protection law? The primary reason is the incredible amount of money third party debt collectors earn for persuading consumers to take care of their financial obligations.
Bill collectors can either earn lucrative commissions, or they can purchase original debts for a fraction of what was initially owed. Money as a motivator prompts far too many debt collection agencies to cross the legal line.
Fortunately, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). The FDCPA forbids overly aggressive debt collection practices, such as a company threatening to contact a third party regarding your debt.
A third party debt collector like Benuck & Rainey cannot harass you by making repeated phone calls to any of your phone numbers throughout the day. In addition to banning harassing and intimidating debt collection tactics, the FDCPA requires bill collectors to send consumers a debt validation letter.
Why It is Important for You to Receive a Debt Validation Letter
Under the FDCPA, debt collection agencies cannot use any form of deception to trick consumers into paying off delinquent credit card and personal loan balances. If you receive a letter or a phone call from Benuck & Rainey, you are entitled to receive a debt validation letter within five days of receiving the first letter or phone call.
A debt validation letter prevents third party debt collectors from deceiving consumers about phony debts. Third party debt collectors must include the total amount owed on the debt in questions, as well as the name and contact information for the original creditor.
If you do not hear from a bill collector 10 days after the first contact, send the company a reminder about its legal responsibility to send you a debt validation letter.
What Happens When a Debt Validation Lacks Important Information?
Let’s assume you received a debt validation letter from Benuck & Rainey, at least that is what the bill collector called the letter. However, the debt validation letter is long on irrelevant information and short on the information you need to determine whether the alleged debt is real.
How do you handle a poorly written debt validation letter? The answer is to send the debt collection agency what is called a confirmation letter that requests specific information, such as the interest rate paid on the account and the email address of the original creditor.
How to Seek Monetary Damages
Authors of the FDCPA wanted to do much more than prohibit certain debt collection practices. They also added a punitive provision that allows consumers to file claims seeking monetary damages Statutory damages, which the FDCPA limits to $1,000 for each case, cover all violations of the monumental consumer protection law committed by the same company.
You can seek monetary damages to cover the wages lost because of the actions taken by a third party debt collector. The judge overseeing your case can also issue injunctive relief. An injunctive relief order demands that a bill collector stop harassing, deceiving, and intimidating you.
Working with a state licensed FDCPA lawyer can help you receive the monetary damages you deserve. Schedule a free initial consultation today with a highly rated consumer protection attorney to learn more about the FDCPA.
*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 Benuck & Rainey, or any other third-party collection agency, you may not be entitled to compensation.