Debt collection agencies have historically had the upper hand in the effort to collect delinquent credit card and personal loan accounts. In fact, it has only been over the last 40 years or so that consumers have leveled the playing field. Before September 20, 1977, third party debt collectors like Lockhart, Morris, and Montgomery, Inc. were able to get away with using overly aggressive debt collection tactics. Bill collectors were especially effective using the telephone to harass consumers into paying off consumer debts.
In response to consumer anger, the United States Congress enacted the landmark Fair Debt Collection Practices Act (FDCPA). Created to outlaw dozens of previously legal debt collection practices, the FDCPA prohibits debt collection agencies from making repeated phone calls throughout the day. The FDCPA includes another telephone-related provision. Third party debt collectors are permitted to call consumers only between 8 am and 9 pm. Any third party debt collector that violates the telephone provisions might have to defend itself against a civil lawsuit.
Can You Report Lockhart, Morris and Montgomery, Inc. to the Government?
The first to do item on your legal agenda after learning about debt collection efforts made against you involves speaking with a licensed consumer protection attorney who thoroughly understands the FDCPA. Your FDCPA lawyer might recommend notifying the government agency responsible for regulating debt third party debt collectors. Under the FDCPA, the Federal Trade Commission (FTC) has the power to take action against bill collectors that violated the consumer protection law. FTC sanctioned penalties can include imposing a stiff fine and/or suspending the operating license of a debt collection agency.
Take Your FDCPA Case to the Better Business Bureau
Consumers that perform research on companies have a powerful research tool created by the Better Business Bureau (BBB). The ultimate consumer advocacy organization offers plenty of resources to help consumers fight back against the illegal practices implemented by debt collection agencies. Consumer help also comes in the form of a comprehensive section of the BBB website that presents customer feedback. If a third party collector receive enough negative feedback, the company might face a strong backlash from original creditors such as Visa and US Bank.
Filing a Claim against Lockhart, Morris, and Montgomery
In addition to outlawing specific debt collection practices, the FDCPA also grants consumers the right to file civil lawsuits seeking just compensation for suffering from physical and/or emotional duress. Your FDCPA attorney will have to present convincing evidence proving the illegal actions of the debt collection agency directly caused physical and emotional issues. The FDCPA does not cap monetary damages for suffering from physical and/or emotional distress. However, the FDCPA does place a maximum award of $1,000 for statutory damages. According to the FDCPA, statutory damages are awarded for all the violation of the groundbreaking consumer protection law. All your lawyer has to do is prove Lockhart, Morris, and Montgomery broke the law.
Never allow a bill collector to bully you into paying off an outstanding credit card or a personal loan account. Schedule a free initial consultation today with an experienced FDCPA attorney.
*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 Lockhart, Morris & Montgomery or any other third-party collection agency, you may not be entitled to any compensation.