One of the main legal principles of a landmark federal consumer protection law makes it illegal for a debt collection agency to deceive you into paying off an outstanding credit card or personal loan account. Passed by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits third party debt collectors from impersonating the IRS and law enforcement agencies. Some bill collectors try to intimidate consumers by claiming they represent an authoritative organization. In addition, the FDCPA requires debt collection agencies to send a debt validation letter to consumers.
What is a Debt Validation Letter?
The debt collection industry is notorious for companies doggedly chasing down consumers to take care of delinquent credit card and personal loan balances. A company such as Franklin Collection Services, Inc, might send you multiple letters, as well as call you repeatedly throughout the day. However, it is the first time a third party debt collector contacts you that matter the most. Under the FDCPA, bill collectors are required to follow up an initial letter or a phone call by sending consumers a debt validation letter.
They must send a debt validation within five days after initially contacting consumers. If you do not receive a debt validation letter in a timely manner, you should contact the company responsible for collecting the alleged debt to remind the company of its legal obligation.
A debt validation letter should include the total amount of the debt in question. Even better, it should break down what the bill collector wants you to pay into categories, including principle, late fees, and interest charges. Knowing what a debt collection agency wants you to pay allows you to check the alleged amount due with the personal financial transactions you had with the original creditor. The name and contact information for the original creditor should also appear on the debt validation letter. Some third party debt collectors bank on consumers not maintaining detailed records of financial transactions.
Do You Qualify for Monetary Damages?
A bill collector that does not send you a federally mandated debt validation letter should pay for breaking the law. The FDCPA contains a provision that grants consumers the right to file a claim seeking monetary damages. Statutory damages, which the FDCPA limits to a one-time award of $1,000, covers every violation of the groundbreaking federal consumer protection law. You can also seek actual damages for the pain and suffering caused by physical and/or emotional distress symptoms. Physical duress symptoms can include skin rashes, a prolonger ulcer, and a series of debilitating migraine headaches.
Contact an Experienced Consumer Protection Attorney
Proving the presence of physical and/or emotional distress services requires the legal expertise of a state licensed FDCPA lawyer. Your attorney will conduct an extensive review of your case to determine whether there is enough evidence to proceed with the filing of claim. Examples of evidence needed to win monetary damages for suffering from physical issues include medical documentation that confirms a diagnosis of physical trauma, as well as expert testimony from healthcare professionals that link your health problems to the illegal actions taken by a bill collector.
Schedule a free initial consultation with an accomplished FDCPA lawyer.
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*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 Franklin Collection Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.