For decades, debt collection agencies treated consumers like a loan shark treats someone that has fallen deep into debt. Abuse, harassment, and intimidation ruled the world of the debt collection industry.
In response to a strong push back by consumers, the United States Congress enacted the ultimate consumer bill of rights on September 20, 1977.
Referred to the as the Fair Debt Collection Practices Act (FDCPA), the groundbreaking consumer protection law makes it illegal for third party debt collectors to harass consumers into paying off delinquent credit card and personal loan balances.
Not only does the FDCPA outlaw numerous debt collection practices, it also includes a section giving consumers the right to file claims that seek monetary damages for the pain and suffering caused by third party debt collectors.
Types of Harassing Bill Collector Phone Calls
Of all the ways to harass consumers, using the telephone represents the most effective harassment tool. Because of the prevalence of phone calls abuse, the FDCPA devotes much of its legal language to outlawing a wide variety of harassing phone calls.
Did you know that a debt collection agency like Rash Curtis & Associates is forbidden to make repeated phone calls throughout the day? Although a court has never defined the word “repeated,” your FDCPA lawyer will make sure to make the meaning of the word be as few as phone calls as possible.
Another tactic used by many third party debt collectors involves calling consumers at odd hours of the day. Think of the unspoken phone call rule of never reaching out to someone before 8 am and after 9 pm.
The same etiquette is etched into legal stone by the FDCPA. Bill collectors are allowed to call consumers only between 8 am and 9 pm. If a representative from Rash Curtis & Associates calls you after 9 pm and before 8 am, you should contact a consumer protection attorney to determine how to handle the harassing phone calls.
Best Option for Ending Harassing Phone Calls
Hiring a FDCPA lawyer offers several benefits, including having a highly skilled legal expert on board who can write a persuasive cease and desist letter. Although you can write the letter, it is wise to bring in an experienced FDCPA attorney to prevent emotionally charged language from tainting the message of the formal notice.
Your lawyer will use clear, objective language that will include informing Rash Curtis & Associates of the legal ramifications of not complying with the formal cease and desist notice.
Do You Qualify for Monetary Damages?
If a debt collection agency violates one or more provisions of the FDCPA, your attorney will initiate a claim seeking statutory damages for all of the violations. Statutory damages are capped at $1,000, but at least you have put the pressure on a third party debt collector to stop harassing you over the phone.
Another way to receive just compensation for FDCPA violations is to have a third party debt collector pay all of your legal fees.
Do not allow a bill collector to harass you over the phone. Speak with a licensed consumer protection lawyer to learn more about how the FDCPA protects consumers against harassing debt collection agency phone calls.
- Collection Laws Governing Rash Curtis & Associates In California
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*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Rash Curtis & Associates or any other third-party collection agency, you may not be entitled to any compensation.