Before September 20, 1977, far too many debt collection agencies implemented harassing and intimidating debt collection tactics. With consumers demanding reform, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA).
The sweeping federal consumer protection law forbids third party debt collectors from threatening consumers in any manner. It also bans companies from harassing consumers by making repeated phone calls throughout the day.
However, outlawing abusive debt collection practices was just the beginning for federal lawbreakers. Understand that some bill collectors deceive consumers into paying off delinquent credit card and personal loan accounts, the United States Congress added a provision to the FDCPA that makes it illegal for debt collection agencies to make false statements regarding consumer debts.
What Constitutes False Statements?
Why do some third party debt collectors continue to deceive consumers by making false statements? The answer is the companies responsible for collecting outstanding credit card and personal loan balances understand that many consumers fail to keep accurate personal financial records.
This leads to some debt collection agencies trying to collect debts that consumers have already paid off. The first order of business for you when a company tries to collect an alleged delinquent debt is to confirm you are on the legal hook for paying off the debt in question.
Another underhanded tactic used by some companies is to claim a consumer owes more money than what is actually owed on an outstanding credit card or personal loan balance.
Proving EOS CCA Made a False Statement Regarding Your Debt
Over the past few years, several court decisions have dramatically changed how the false statements provision of the FDCPA is enforced. In addition to proving a bill collector violated the FDCPA, you also have to demonstrate the false statement issued by EOC CCA had a “material” impact on your ability to evaluate all of your financial options.
In other words, did the false statements made by EOC CCA cause you to make a personal financial decision you would otherwise not have made? Maybe you sent a debt collection agency money for a debt you are not obligated to pay off or you took care of a debt owed by a friend or a family member.
In either case, the false statements made by a third party debt collector made a “material” impact on your personal financial decision process.
Do You Qualify for Monetary Damages?
Dealing with a deceptive and an overly aggressive bill collectors can lead to physical and/or emotional distress symptoms. The FDCPA gives consumers the right to recover the costs associated with physical and/or emotional duress symptoms.
You can file a claim in a civil court seeking actual damages for the pain and suffering caused by a lawbreaking debt collection agency.
Work with a Licensed FDCPA Lawyer
Proving a third party debt collector caused the pain and suffering you have endured requires the services of a highly skilled consumer protection attorney. Your FDCPA lawyer will gather the evidence needed to move your case forward.
Recovering actual damages typically involves submitting medical documentation and calling expert medical witnesses to testify on your behalf. Schedule a free initial consultation today with a consumer protection attorney who has compiled an impressive record of winning FDCPA cases.
*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 EOS CCA, or any other third-party collection agency, you may not be entitled to compensation.