For decades leading up to 1977, far too many debt collection agencies harassed and intimidated consumers into paying off outstanding credit card and personal loan accounts.
Some of the tactics used to coerce consumers into taking care of their personal financial obligations included calling consumers repeatedly throughout the day. In response to years of growing consumer pressure, the United States Congress enacted what many legal experts believe to be the ultimate consumer Bill of Rights.
By writing the Fair Debt Collection Practices Act (FDCPA) into federal law, the United States Congress directly addressed the overly aggressive debt collection practices implemented by companies operating in the debt collection industry.
Companies such as Action Financial Services, LLC are no longer allowed to threaten consumers in any way. The FDCPA also prohibits third party debt collectors from making false statements regarding consumer debts.
False Statements Defined by the FDCPA
Imitation might be the finest form of flattery, but when it comes to debt collection efforts, imitation is considered a violation of the FDCPA. Some bill collectors impersonate other organizations in an effort to intimidate consumers into taking action on delinquent credit card and personal loan balances.
A debt collection agency like Account Financial Services, LLC cannot impersonate the IRS or a law enforcement agency. Since the IRS instills fear into many Americans, impersonating the federal tax collection entity is a highly effective way for convincing consumers to pay off outstanding debts.
Since there are not any debtor prisons in the United States, imitating a law enforcement agency is a blatant violation of the FDCPA
What to Do If Account Financial Services, Inc. Makes False Statements
If you catch a third party debt collector misleading you in any way, you have the right under the FDCPA to file a claim seeking monetary damages. However, a number of court rulings have changed how civil court judges must interpret the false statements clause of the federal consumer protection law.
Not only do you have to prove a bill collector issued one or more false statements, you also have to demonstrate the false statements had a negative impact on how you reached personal financial decisions.
Are You Entitled to Monetary Damages?
Outlawing previously legal debt collection practices was not enough for the United States Congress. The federal legislative body also included language within the FDCPA that gives you the right to file a clam against a bill collector seeking monetary damages.
Capped at $1,000, statutory damages punish debt collection agencies for making one or more false statements. If the false statements issued by a third party debt collector triggered physical and/or emotional duress symptoms, then you might be eligible to receive actual damages that have no monetary restrictions.
Working with an Experienced FDCPA Lawyer
A bill collector such as Account Financial Services, LLC will have a team of persuasive attorneys on its side during the course of an FDCPA case. You cannot expect to win an FDCPA case, unless you level the legal playing field by working with a highly rated consumer protection lawyer who specializes in litigating FDCPA cases. Most FDCPA lawyers schedule free initial consultations with new clients to determine the best course of legal action.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Account Financial Services, LLC, or any other third-party collection agency, you may not be entitled to compensation.