Before September 20, 1977, debt collection agencies were allowed to bully consumers into paying off outstanding credit card and personal loan accounts. One of the most common bullying tactics implemented by third party debt collectors was to use the telephone as a tool for harassing and intimidating consumers.
In response to rapidly growing consumer anger, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA), which today is referred to as the ultimate consumer bill of rights.
What Types of Phone Calls Does the FDCPA Prohibit?
At the heart of the FDCPA are several provisions that prohibit certain phone call practices used by bill collectors. Phone calls made repeatedly throughout the day is a technique used by debt collection agencies to wear down consumers.
Constant ringing and messages can eventually lead to you giving up against a third party debt collector like SRS and Associates, Inc. The FDCPA clearly bans the practice of making frequent phone calls at all hours of the day.
According to the FDCPA, bill collectors are not permitted to use the telephone as a weapon of deception. For decades, many debt collection agencies loved to trick consumers into taking care of delinquent credit card and personal loan balances.
Not anymore, as the FDCPA bans the practice of impersonating the IRS or a law enforcement agency in an attempt to scare you into giving up your state and federal consumer protection rights. The FDCPA also makes it illegal for a third party debt collector to request more money than is actually owed on a consumer debt.
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How to Fight Back against SRS and Associates, Inc.
Bill collectors take advantage of consumer lack of knowledge when it comes to the FDCPA. Under the FDCPA, you have the right to draft and send SRS and Associates a formal cease and desist letter.
Within the letter, your consumer protection lawyer will mention the fact that the debt collection agency has violated the FDCPA. In addition, your lawyer will let the third party debt collector know that if the illegal actions continue, you will contact the Federal Trade Commission and your state’s Attorney General Office to file complaints.
You do not want to fight back alone against SRS and Associates, Inc. An accomplished FDCPA attorney will know to craft a compelling cease and desist notice that does not contain any emotionally charged language. Your lawyer will also send the cease and desist notice via certified mail to ensure the bill collector received the letter.
Possible Monetary Damages for a FDCPA Case
Judges award monetary damages in FDCPA cases when the plaintiff can prove the illegal actions of a bill collector directly caused pain and suffering. In addition to physical and emotional distress, you might have lost wages because of the actions taken by a debt collection agency.
Because of harassment, you performed below average and in response, your boss cut back your hours. You might have missed work because of the symptoms triggered by physical and/or emotional distress.
Your FDCPA lawyer will file the proper evidence showing when you missed work, as well as why you missed work.
Consult with an experienced consumer protection attorney today to learn more about how the FDCPA can help protect you against SRS and Associates, Inc.
Additional Resources
*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 SRS and Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.