Having to deal with a debt collection agency can be one of the most disruptive events of life. Despite the passage of a landmark federal consumer protection law, some companies continue to harass and intimidate consumers into paying off outstanding credit card and personal loan accounts.
From receiving frequent phone calls at work to being on the end of a number of threats, many consumers believe they have nowhere to turn for legal help.
You should know a licensed consumer protection lawyer can help you fight back against the deceptive and overly aggressive debt collection tactics used by a third party debt collector.
What False Statements Could a Debt Collector Make?
Written into federal law on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits a long list of overly aggressive debt collection tactics. Under the FDCPA, a bill collector such as Affiliate Asset Solution, LLC cannot threaten you in any way.
The company is also barred from implementing deceptive debt collection practices that include making false statements regarding your debt.
Although threats are often considered to be overly aggressive debt collection techniques, the verbal and written threats are also considered by the FDCPA to constitute deception.
For example, a debt collection agency that threatens to garnish your wages has made a false statement because the company itself has no legal power to take money out of your paychecks. Another false statement occurs whenever a third party debt collector claims there is not a statute of limitations on the collection of consumer debts in the state where you live.
How to Fight Back against the False Statements Made by Affiliate Asset Solutions, LLC
Most FDCPA provisions contain clear language that bans certain debt collection tactics. Although the false statements provision is equally clear, several recent court rulings have added a second stipulation for proving a third party debt collector made a false statement regarding your debt.
Now, you have to show a false statement issued by a bill collector like Affiliate Asset Solutions, LLC made a “material” impact on how you evaluated financial decisions concerning a delinquent credit card or personal loan balance.
Damages You Might Have the Right to Seek
Congress added legal teeth to the FDCPA by including a provision that grants consumers the right to seek monetary damages from wayward bill collectors. Statutory damages, which have a maximum award amount of $1,000 cover every FDCPA violation committed by the same company.
The legal litmus test for winning statutory damages involves proving a third party debt collector crossed the legal line by making false statements regarding your debt.
Hire a Licensed FDCPA Lawyer
Fighting back against the false statements made by a bill collector requires the legal expertise of an experienced consumer protection attorney. You can bet the house a debt collection agency will have a team of highly skilled litigants on its side to counter any legal moves you make.
By hiring an FDCPA lawyer, you will balance the scales of justice by submitting compelling evidence that promotes your version of events.
Schedule a free initial consultation with an FDCPA lawyer today!
*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 Affiliate Asset Solutions, LLC, or any other third-party collection agency, you may not be entitled to compensation.