Being pestered by a debt collector can be an intimidating, sometimes frightening experience. Federal and state laws prevent debt collectors like the Commonwealth Financial System from harassing debtors. The Fair Debt Collection Practices Act (FDCPA), in particular, has been amended to prevent collectors from pursuing their attempts at recovery too often or at unsocial hours, especially at night.
If you have been pursued by the Commonwealth Financial System or another debt collection agency and believe they have gone too far and have violated the FDCPA or a state fair debt law, you have various legal options you can pursue to help curtail their unwanted harassment.
How to Report a FDCPA Violation by Commonwealth Financial System
You can contact the Consumer Financial Protection Bureau (CFPB) if you think that you are being pursued unfairly and the activity has breached the FDCPA. The Bureau is a federal government agency tasked with regulating businesses in the financial industry. They can investigate any unnecessary an illegal activity if you report the violation to them and can impose fines and even recover fees if you have paid them to the collector.
Many states also have fair debt collection laws put in place to protect debtors from unnecessary attention. The office to contact about this sort of behavior would be the Attorney General’s Office in your state. Like the CFPB, the Attorney General’s Office can pursue legal action against a state fair debt law violator.
How the Better Business Bureau Can Help in Negotiations Over Disputes
The Better Business Bureau (BBB) is another resource you can use to help curb unwarranted and unpleasant attention by a debt collector. The BBB’s assistance is limited to providing mediation and warning other consumers and debtors of the behavior of the collector who is pestering you.
Filing a Lawsuit Against Commonwealth Financial System
If you have enough evidence of FDCPA violation, you may choose to pursue a lawsuit against the Commonwealth Financial System or another debt collector that you believe has violated the FDCPA. If you choose to go down this road, the damages you can claim are capped at $1,000 maximum together with legal fees. The federal government allows you 12 months to file such a lawsuit through a state or federal civil court convenient to you.
A lawsuit against the debt collector that is harassing you does not mean that you no longer have to pay back the debt, even if you win the lawsuit. The only situations in which this might be feasible are if you can prove that the collector has made a mistake, or falsified the debt.
How a Lawyer Can Help With a Claim for a FDCPA Violation
If you are considering filing a lawsuit against a debt collector, it would be sensible to contact an attorney beforehand to discuss your case.
- Notice To Stop: Commonwealth Financial System Sample Letter*
- What to Do If Commonwealth Financial System Sues You*
*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 Commonwealth Financial System, or any other third-party collection agency, you may not be entitled to any compensation.