“Do you swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth so help you God?”
It is an oath that has been repeated frequently in live courtrooms, as well as in fictional courtrooms presented on the big and small screens. Most witnesses tell the truth for fear of lying under oath. On the other hand, some debt collection agencies might swear to tell the truth, but in fact, they are making false statements that put them in direct violation with a groundbreaking federal consumer protection law.
Enacted by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for third party debt Collectors to harass and intimidate consumers. The sweeping federal consumer protection law also bans the implementation of deceptive debt collection tactics, including the making of false and misleading statements.
What False Statements Can a Bill Collector Make?
Under the FDCPA, a debt collection agency such as Credence Resources Management, LLC is not allowed to lie about how much you owe on a delinquent credit card or personal loan balance. Some companies bank on consumer ignorance by trying to collect more than what is actually owed on a debt.
Another sneaky practice used by some companies is to try to get consumers to pay off a debt owed by another person. For example, a third party debt collector might try to get you to pay off a debt owed by a former spouse. Unless you cosigned the credit card or personal loan application, you are not obligated to send the bill collector any money.
How to Proceed in a False Statements Case
Although the FDCPA does not contain any language that refers to a “material” connection between a false statement and your personal finance decisions, a court decision in 2018 added a second step for consumers to take for showing a debt collection agency made a false statement.
The court ruling requires consumers to show a false statement made by a third party debt collector had a direct negative impact on how they made personal financial decisions.
Qualifying for Monetary Damages
The FDCPA does much more than simply outlaw numerous overly aggressive debt collection tactics. It also grants consumers the right to seek monetary damages for one or more violations of the federal consumer protection law. You have the right to seek statutory damages, which covers all of the FDCPA violations committed by the same bill collector. Some debt collection agencies cause pain and suffering because of their actions. The FDCPA permits consumers to seek actual damages for the pain and suffering caused by physical and emotional distress symptoms.
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Work with a Licensed FDCPA Attorney
Proving the existence of physical and/or emotional duress symptoms requires the services of a licensed FDCPA lawyer. Your attorney will carefully review your case to determine if there is enough evidence to warrant the filing of a lawsuit. Evidence can include medical documentation of your ailments, as well as expert testimony given by certified healthcare professionals.
Schedule a free initial consultation today with an experienced FDCPA lawyer.
Additional Reading
*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 Credence Resources Management, LLC, or any other third-party collection agency, you may not be entitled to compensation.