Despite the passage of a monumental federal consumer protection law, some debt collection agencies cross the legal line by implementing deceptive and overly aggressive debt collection practices. Why do some third party debt collectors continue to break the law?
The answer is the incredible amount of money earned by tracking down consumers and forcing them to pay off outstanding credit card and personal loan accounts. Companies can receive a handsome commission or purchase consumer debts for just a fraction of what is owed.
To counteract the powerful incentive of earning substantial profits, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). The pillar of all federal consumer protection laws prohibits bill collectors from issuing threats of any kind, as well as outlaws the long standing harassing practice of calling consumers repeatedly throughout the day. Moreover, the FDCPA makes it illegal for debt collection agencies to make false statements regarding consumer debts.
What False Statements Could Jonathan Neil & Associates Make?
Hiding behind the emblem of another organization is a highly effective, yet illegal debt collection tactic. A third party debt collector like Jonathan Neil & Associates, Inc. cannot claim to be the IRS or a law enforcement agency.
Impersonating the IRS is an especially powerful debt collection practice, as it typically motivates consumers to take action. It is also illegal for a bill collector to claim it is a law firm, when in fact the company is incorporated or is a limited liability corporation.
Not all false statements are made directly to consumers. A debt collection agency can disrupt your credit report by submitting false information to the three primary credit reporting bureaus. By claiming you have filed for bankruptcy, a third party debt collector can damage your credit report to the point that you cannot secure gainful employment and find affordable housing.
What to Do If You Receive False Statements
If Jonathan Neil & Associates made false statements regarding your debt, you should contact a licensed FDCPA lawyer to review your legal options. For a false statement case, recent court decisions have made proving the case more difficult.
Not only do you have to present compelling evidence that proves the making of false statements, you must also demonstrate the false statements negatively influenced your personal financial decision making process.
Should You Seek Monetary Damages?
The false statements made by a bill collector can trigger acute fear and anxiety that leads to the development of emotional distress symptoms. You might experience mood swings at work that impede your professional performance.
The FDCPA gives you the right to recover the cost of treating emotional distress symptoms by filing a claim that seeks monetary damages.
An Accomplished FDCPA Attorney Can Help
Proving the false statements issued by a debt collection agency caused emotional issues can be difficult. That is, unless you work with a licensed consumer protection lawyer who specializes in litigating FDCPA cases.
Your FDCPA attorney will conduct a thorough review of your case to determine whether there is enough hard evidence to file a claim in a civil court.
Schedule a free initial consultation with an experienced FDCPA lawyer.
*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 Jonathan Neil & Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.