Do debt collection agencies still send letters through the United States Postal Service to contact consumers? The answer is yes because you left your address and phone number, not your email address, on the credit application.
When a third party debt collector works for an original creditor or purchases a debt for a fraction of the original amount owed, the company acquires your home address that it uses to demand payment on a delinquent credit card or personal loan balance.
According to the most influential consumer protection law enacted by the United States Congress, bill collectors are required to send consumers a debt validation letter that provides a thorough explanation about an alleged debt. According to the Fair Debt Collection Practices Act (FDCPA), a bill collector like Frontline Asset Strategies, LLC cannot threaten you in any way as well. You also do not have to put up with harassing calls made at odd hours of the day.
Why a Debt Validation Letter is Important
Let’s assume a debt collection agency sends you a letter claiming that you owe money on a debt you took out years ago to pay for college. With college a distant memory, you are having a difficult time trying to remember the name of the credit card company that approved your application.
The importance of a debt validation letter is that it can confirm the existence of a debt by providing crucial information. In addition, a third party debt collector has to send a debt validation within five days after first contacting you.
When a Debt Validation Letter Causes More Confusion
You might receive a debt validation letter from a bill collector, but the letter is long winded and short on important information. You should reply with what is called a confirmation letter asking the debt collection agency to present more evidence that you are legally responsible for paying off the debt in question.
You especially want to verify the date when the original creditor sold the debt or paid the third party debt collector a commission to collect the debt. The date an original creditor transferred the debt collection effort on an account to a bill collector is the official date that starts the clock ticking on the statute of limitations. Every state has established a statute of limitations for debt collection efforts.
The FDCPA and Monetary Damages
If a debt collection agency failed to send you a debt validation letter or if the company sent a letter, but it was full of lies and misrepresentation, you might have a strong enough case to file a lawsuit seeking monetary damages. As the most basic form of monetary damages, statutory damages cover every violation committed by the same third party debt collector.
The FDCPA caps the award handed out for statutory damages at $1,000. Actual damages, which includes just compensation for suffering from physical and/or emotional duress symptoms, are not capped by the FDCPA.
Work with an Accomplished Consumer Protection Attorney
An FDCPA lawyer can help you decide whether you should file a claim seeking monetary damages. He or she will conduct a thorough review of your case to determine whether a debt collection agency violated the debt validation letter provision written into the FDCPA. Most FDCPA lawyers schedule free initial consultations with new clients.
*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 Frontline Asset Strategies, LLC, or any other third-party collection agency, you may not be entitled to compensation.