Despite the enactment of a prominent federal consumer protection law, many debt collection agencies continue to harass and intimidate consumers into paying their debts, or even paying more than their debts? The answer is the pot of money at the end of the debt collection rainbow.
Third party debt collectors earn hefty profits by either receiving commissions or turning a purchased debt into a profit-making machine. In addition to implementing overly aggressive debt collection tactics, some companies resort to making false statements regarding consumer debts.
The federal consumer protection law that addresses deceitful and harassing debt collection practices is called the Fair Debt Collection Practices Act (FDCPA). Passed by the United States Congress in 1977, the FDCPA makes it illegal for a bill collector to call between the hours of 9 pm and 8 am.
The federal consumer protection law also prohibits debt collection agencies from using deception to trick consumers into taking care of personal debts. One form of deception is for a company to make false statements regarding your debt.
What False Statements Can R&R Professional Recovery, Inc. Make?
Although the FDCPA focuses on the false statements made by companies directly to consumers, the federal consumer protection law also forbids third party debt collectors from lying to third parties regarding consumer debts. For example, a bill collector such as R&R Professional Recovery, Inc. cannot present inaccurate information regarding your debt to any of the three major credit reporting agencies.
A debt collection agency is also not allowed to tell you it plans to submit information to Equifax, Experian, and/or TransUnion. Bill collectors like to leverage the power of the credit reporting bureaus to intimidate consumers into taking action.
The Legal Game Plan for Dealing with False Statements
Since September 20, 1977, most of the provisions written into the FDCPA have withstood the legal test of time. However, the false statements provision of federal consumer protection law received a major overhaul in 2018, when the United States Court of Appeals for the Eighth Circuit ruled consumers must prove any false statements made by a bill collector had a direct connection to how personal financial decisions were made. Not only do you have to prove the existence of false statements, you also have to show the false statements made a “material” impact on how you evaluated personal financial options.
Filing a Claim for Monetary Damages
The FDCPA does much more than outlaw previously acceptable debt collection tactics. It also grants consumers the right to file lawsuits that seek monetary damages. The false statements issued by a bill collector might have cause you to experience physical and/or emotional duress symptoms.
Intense pressure to catch up on bills can trigger an increase in blood pressure, which leads to an assortment of physical ailments. Other types of physical distress symptoms include painful ulcers and acute migraine headaches.
Consult with an Experienced FDCPA Attorney
Working with a licensed FDCPA lawyer ensures you will have more than enough evidence to proceed with the filing of a claim in civil court. Your attorney will present medical documentation proving you suffer from physical duress symptoms, as well as ask medical experts to testify on your behalf. Fill out the Free Case Evaluation today to get connected with a consumer rights lawyer today.
*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 R&R Professional Recovery, Inc., or any other third-party collection agency, you may not be entitled to compensation.