When we discover someone has made false statements, we can experience a wide range of emotions that range from head hanging shame to outright anger. The emotions of being lied to can ramp up considerably when there is money on the line.
Such is the case with debt collection agencies that make false statements regarding consumer debts. You might have to deal with a third party debt collector that believes deception is the most effective way to get you motivated to take care of an outstanding credit car or personal loan account.
Fortunately, a longstanding federal consumer protection law makes it illegal for a bill collector to make false statements regarding your debt.
What False Statements Could a Debt Collection Agency Make?
Passed by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) outlaws the use of overly aggressive debt collection tactics. For example, a third party debt collector such as Capio Partners, LLC cannot harass you by making repeated phone calls throughout the day. The bill collector is also barred from making false statements regarding your debt.
Companies that work for original creditors have several ways to deceive consumers. One of the most common forms of false statements involves trying to collect more money that is actually owed on a delinquent credit card or personal loan balance.
A debt collection agency might try to convince you to pay off a consumer debt owed by someone in your family. You should know that if you did not co-sign a credit card or a personal loan application, then you are not obligated to pay for the financial mismanagement of someone you know.
How to Proceed If Capio Partners, LLC Makes False Statements
Although the FDCPA does not mention it, several court rulings over the past few years have introduced a new factor into the false statement equation.
In 2018, the United States Court of Appeals for the Eighth Circuit issued a ruling that consumers must now show a “material” connection between the false statements issued by a third party debt collector and the ability to evaluate personal financial options accurately.
If Capio Partners, LLC made one or more false statements regarding your debt, you have to connect the illegal actions conducted by the company with how you made one or more financial decisions.
Seeking Monetary Damages
In addition to making dozens of previously acceptable debt collection practices illegal, the FDCPA also grants consumers the right to file claims against bill collectors that seek monetary damages.
The FDCPA defines monetary damages in two categories: Statutory and actual. Statutory damages, which the FDCPA states cannot exceed $1,000, cover every violation of the federal consumer protection law committed by the same company.
Have an FDCPA Attorney on Your Side
Filing a claim against Capio Partners, LLC represents a serious legal matter that requires the expertise of a licensed FDCPA lawyer. Your attorney will present the evidence required to move your case forward in a civil court.
Schedule a free initial consultation with an experienced FDCPA attorney today to learn more about the landmark consumer protection law.
*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 Capio Partners, LLC, or any other third-party collection agency, you may not be entitled to compensation.