If you have for some reason or another fallen behind with paying off a loan, you may find a debt collector from McCarthy, Burgess & Wolff is sent to try and get you to pay what you owe. Fortunately for you, the Fair Debt Collection Practices Act (FDCPA) restricts the way a debt collector can behave when trying to collect debts on behalf of someone else.
The law limits the ways in which debt collectors can make contact with debtors. This includes the time of day and the number of times contact can be made with you. If this law is ignored, you may be able to sue McCarthy Burgess & Wolff for lawyers’ fees and damages. This has to take place within 12 months of the event taking place.
How to Report a FDCPA Violation by McCarthy, Burgess & Wolff
If you believe a debt collector from McCarthy, Burgess & Wolff has violated your rights, for example by phoning despite the fact you have already sent a cease and desist letter, you have the right to take action against them for violating the FDCPA. You can file a complaint with the Consumer Financial Protection Bureau (CFPB), which is a government agency that has been given the responsibility to enforce laws that are in place to protect consumers who spend money in the financial industry.
Many states also have fair debt collection laws in place. If this is the case in your own state, you can make a complaint to the Attorney General’s Office. If they find a violation of state law has occurred, they can issue a fine against the debt collection agency.
How the Better Business Bureau Can Help in Negotiations Over Disputes
The Better Business Bureau (BBB) can help with mediation if you think that will help. Sometimes, this can prevent having to take further legal action. The BBB has no legal authority to issue fines or any other sanctions, but it can put out a warning to consumers about the agency’s unfair debt collection activity.
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Filing a Lawsuit Against McCarthy, Burgess & Wolff
Federal law allows you to sue the debt collector if you have sufficient proof that it has violated the FDCPA. You have only 12 months to sue the debt collection agency and are limited to obtaining $1,000 in damages plus legal fees. This, if successful, may curtail unnecessary and unwanted contact from the debt collector but doesn’t mean that you do not have to pay back the debt.
How a Lawyer Can Help With a Claim for a FDCPA Violation
Winning a lawsuit against a debt collector like McCarthy, Burgess & Wolff is not an easy task. You are more likely to succeed if you have a lawyer working to represent your interests.
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 McCarthy Burgess & Wolff, or any other third-party collection agency, you may not be entitled to any compensation.