If you have fallen behind on bills, you understand the frustration that accompanies the pressure of trying to play financial catch up. Just when you thought you had climbed out of a financial hole, a debt collection agency such as Ascension Point Recovery Services contacted you regarding an outstanding credit card or personal loan account.
Not only do the phone calls received late at night bother you, the company also made a few false statements concerning your debt. Fortunately, a groundbreaking federal consumer protection law enacted by the United States Congress makes it illegal for third party debt collectors to make late night phone calls, as well as issue false statements regarding consumer debts.
Written into law on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) clearly does not permit bill collectors to threaten consumers in any way. The FDCPA also forbids companies from deceiving consumers by making false statements.
What are the False Statements Prohibited by the FDCPA?
As one of the most vulnerable age demographics, college students are highly susceptible to the deceptive tactics implemented by unethical debt collection agencies. It is much more than companies trying to fleece college students by trying to collect more money than is owed on a delinquent credit card account.
Some debt collection agencies resort to underhanded tactics by making false claims about the rights written into a student loan agreement. A common tactic is to increase the amount of interest that is listed within a student loan contract. Some third party debt collector bank on student naivete when it comes to handling personal finances.
How to Deal with the False Statements Issued by a Bill Collector
In 2018, the United States Court of Appeals for the Eighth Circuit issued a ruling that added a stipulation for proving the false statements made by a company regarding consumer debts.
In addition to presenting evidence that confirms a third party debt collector issued one or more false statements, you also have to demonstrate a “material” connection between the false statements and your ability to evaluate all your financial options.
If a bill collector lies about the amount of money you owe on a debt and you send the company the money requested, then the false statement directly had a negative impact on how you reached a personal financial decision.
Can You Seek Monetary Damages for FDCPA Violations?
According to the FDCPA, you have the right to seek monetary damages for violations of the sweeping federal consumer protection law. Statutory damages, which the FDCPA limits to no more than $1,000, cover every violation committed by Ascension Point Recovery Services.
You can seek to recover the lost wages caused by the false statements made by a bill collector. Your FDCPA lawyer might ask the court to provide injunctive relief, which is an order that stops a debt collection agency from contacting you in any way.
Never allow a third party debt collector to make false statements that have a “material” impact on how you evaluate your financial options. Schedule a free initial consultation today with a licensed 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 Ascension Point Recovery Services, or any other third-party collection agency, you may not be entitled to compensation.