Finding out someone you know lied to you can trigger a wide range of motions, including anger, frustration, and even humiliation. When lying is committed by a debt collection agency, you can expect to experience the same set of emotions, and then a few more. Your money is on the line, which results in a rapid increase in your stress and anxiety levels. Did Linebarger, Goggan, Blair & Sampson, LLP make false statements regarding your debt? If you answered yes, then you should refer to a landmark federal consumer protection law that forbids debt collection agencies from deceiving consumers.
What False Statements Can a Third Party Debt Collector Make?
In response to incredible consume pressure, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA) on September 20, 1977. The FDCPA clearly makes it illegal for third party debt collectors to engage in dozens of previously legal debt collection tactics. You do not have to take any type of threat made by a bill collector. Some unethical debt collection agencies resort to threatening consumers with legal action and threatening consumers with wage garnishment orders. The FDCPA also prohibits companies from make false statements regarding consumer debts.
If Linebarger, Goggan, Blair and Sampson, LLP called you, the company cannot deceive you by claiming you owe more money on a delinquent credit card or personal loan balance than you actually owe. The company is banned from trying to get you to pay a consumer debt that is owed by somebody else. Some bill collectors bank on consumers not knowing what their rights are as written into the FDCPA. You do not have to pay more money than what is stated in a credit contract and you never should take care of someone else’s delinquent debt.
What You Should Do If a Debt Collection Agency Makes False Statements
Like many federal laws, the FDCPA has received judicial scrutiny by different courts. In 2018, the Eighth Circuit court declared that the false statements made by third party debt collectors must be “material.” This means it is no longer enough for you to prove a bill collector made false statements. You also have to demonstrate the false statements adversely impacted your ability to evaluate all of your options in regard to your outstanding debt. The new litmus test for proving false statements makes it more important than ever to enlist the help of a licensed FDCPA lawyer.
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How an FDCPA Attorney Can Help
Your FDCPA lawyer will conduct a comprehensive review of your case to first determine whether Linebarger, Goggan, Blair & Sampson, LLP made one or more false statements. If your lawyer gathers enough evidence, he or she might decide to file a claim seeking monetary damages. Statutory damages, which are capped at $1,000, cover every violation of the FDCPA committed by the same company. You do not have to show the false statements were “material” to win an award of statutory damages. On the other hand, you cannot expect to win a case seeking actual damages unless your FDCPA lawyer can demonstrate the false statements were “material.”
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 Linebarger, Goggan, Blair & Sampson, LLP, or any other third-party collection agency, you may not be entitled to compensation.