If you have fallen behind on bills, you understand that at the very least, the financial predicament is a distraction that disrupts you personal and professional lives. Add the hounding of a debt collection agency, and you have a recipe for turning your life into a daily exercise of acute stress and anxiety.
Relationships become strained at home and your work performance takes a considerable dip in quality. Fortunately, you do not have to take the overly aggressive debt collection tactics used by far too many third party debt collectors.
Federal Law Prohibits False Statements
On September 20, 1977, the United States Congress enacted a consumer protection law that leveled the legal playing field between consumers and bill collectors. Often referred to as the consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) forbids companies from harassing and intimidating consumers.
A debt collection agency like Alliance Collection Services, Inc. cannot threaten you in any way. In addition, the company must abide by strict guidelines when it comes to the times it can call you at work and at home.
The FDCPA also bars the use of deception during the debt collection process. As the leading type of deception used by many third party debt collectors, false statements can trick consumers into paying off a debt they have no obligation to pay off. Some bill collectors make false statements by claiming they are law firms that can force legal consequence on consumers.
Although some bill collectors in fact represent a law firm, in most cases, third party debt collectors operate as incorporated or limited liability businesses that must carry a license to collect delinquent credit card and personal loan accounts.
How to Handle the False Statements Made by Alliance Collection Services, Inc.
Collecting evidence such as letters and tape recorded phone calls goes a long way towards establishing a strong case against a bill collector such as Alliance Collection Services, Inc. However, a ruling in 2018 issued by the United States Court of Appeals for the Eighth Circuit added a second stipulation to proving a false statements case.
You now have to demonstrate the false statements made by a bill collector had a “material” effect on how you evaluated all your personal financial options. In the case of a debt collection agency impersonating a law firm, you have to make a “material” connection between the false statement and any actions you took that involved personal finances.
Suing for Monetary Damages
A provision tucked within the FDCPA gives consumers the right to file a lawsuit that seeks monetary damages for FDCPA violations. Actual damages cover the costs associated with the pain and suffering caused by physical and/or emotional distress symptoms.
A deceptive third party debt collector that makes false statements can trigger enough stress that negatively impacts your physical and/or emotional health.
Speak to a Licensed FDCPA Lawyer
You cannot expect to win an FDCPA case against Alliance Collection Services, Inc. by fighting the good fight on your own. By hiring an experienced FDCPA attorney, you ensure your side of the story is heard by a civil court judge. Schedule a free initial consultation today with a highly rated FDCPA attorney.
*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 Alliance Collection Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.