Pressure mounts, as you try to climb out of a financial hole. No matter what you try to do, your personal finances continue to tumble into a what appears to be a hopeless freefall. Original creditors have given up on you, but your credit card debt does not disappear. An overly aggressive debt collection agency has replaced one original creditor, and the company is highly insistent that you take care of your personal financial obligation. To make matters worse, the company has resorted to using deceptive debt collection tactics.
Contrary to what many third party debt collectors want consumers to think, you do not have to accept deceptive and overly aggressive debt collection practices. On September 20, 1977, the United States Congress passed the historically significant Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, a bill collector such as Frontline Asset Strategies, LLC cannot threaten you in any way. In addition, the FDCPA makes it illegal for a debt collection agency to make false statements regarding your debt.
What Constitutes False Statements?
One of the most common types of false statements issued by bill collectors involves the balance owed on a credit card or a personal loan account. A debt collection agency like Frontline Asset Strategies, LLC might try to collect on a personal debt that you paid off months ago. You might have to deal with a third party debt collector that tries to collect more money that is actually owed on a debt. The most effective strategy for disputing both types of false statements is to maintain detailed records of all your personal financial transactions. Another example of a false statement as defined by the FDCPA occurs when a bill collector tells a third party that he or she is responsible for a debt that is solely your financial obligation.
How to Proceed when Confronted by False Statements
Any violation of the FDCPA is justification for seeking legal counsel to end the deception. However, a recent ruling by the United States Court of Appeals for the Eighth Circuit requires consumers to prove a “material” connection between the false statements issued by a third party debt collector and your ability to evaluate all of your personal financial options accurately. The “material” clause of the FDCPA means at least one false statement made by a bill collector negatively impacted how you made financial decisions.
Seeking Monetary Damages
Congress did much more than describe illegal debt collection tactics. The federal governing body also provides consumers with a way to make debt collection agencies pay for their illegal actions. According to the FDCPA, you have the right to seek statutory damages for one or more violations committed by the same bill collector. Capped at $1,000, statutory damages can also include a mandate by a circuit court that a debt collection agency pay your legal fees.
A Licensed FDCPA Lawyer Can Help
Winning an FDCPA case requires the services of a licensed consumer protection lawyer. Your attorney will conduct a thorough review of your case to determine the best course of legal action. Schedule a free initial consultation with an experienced FDCPA attorney to learn more about the groundbreaking federal 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 Frontline Asset Strategies, LLC, or any other third-party collection agency, you may not be entitled to compensation.