You answer the phone late one night just after 11:00, and on the other end of the line is a representative from a debt collection agency like Constar Financial Services, LLC.
The representative claims you owe money on a delinquent credit card account, but after you hang up on the phone, you cannot recall ever taking out a line of credit with the company mentioned by the representative from the bill collector company.
The representative violated one of the most frequently violated provisions of a landmark federal consumer protection law. Under the Fair Debt Collection Practices Act, a debt collection agency cannot call you between 9 pm and 8 am. Another provision that protects consumers requires bill collectors to send consumer a debt validation letter.
Any company that does not send a debt validation letter in a timely manner has violated the FDCPA.
What a Debt Validation Letter Should Include
The FDCPA stipulates that debt collection agencies have five days from the date of the first contact with a consumer to send a debt validation letter. You might not be aware of the debt validation letter stipulation at the time you received the first letter or phone call from a third party debt collector like Constar Financial Services, LLC.
However, when you consult with a highly rated FDCPA attorney, he or she will ask you whether the bill collector sent you a debt validation letter withing five days after the initial contact. Debt validation letters should include two important pieces of information.
First, you should be able to see how much money you allegedly owe on the debt in question. This allows you to check your personal finance records to confirm that the amount claimed by the debt collection agency matches your debt statements.
Some third party debt collectors try to persuade consumers to pay more money than they are legally obligated to pay. The second important piece of information is the name and contact information for the original creditor.
A debt validation letter should also contain a statement that says the company assumes the debt is valid, unless you dispute the debt within 30 days after the first interaction with the bill collector.
Are You Eligible for Monetary Damages?
Repeated violations of the FDCPA can trigger an incredible amount of stress and anxiety, which can lead to physical distress symptoms that include the development of prolonged migraine headaches and life-threatening bleeding ulcers.
The FDCPA grants consumers the right to file lawsuits seeking money damages for the pain and suffering caused by physical duress symptoms. You will need to collect evidence that links the illegal actions of a debt collection agency to any physical distress symptoms.
Reach Out to an Experienced FDCPA Lawyer
Fighting back against a third party debt collector on your own puts you at a legal disadvantage. By reaching out to an accomplished FDCPA attorney, you gain an advocate in your legal corner who will build a strong enough case to help you win actual damages for suffering from physical duress symptoms.
Schedule a free initial consultation with a state licensed FDCPA lawyer.
*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 Constar Financial Services, LLC, or any other third-party collection agency, you may not be entitled to compensation.