Trying to catch up on bills can feel like an exercise in futility. Between high late fees and exorbitant interest rates, the balances owed on credit card and personal loan accounts can disrupt your life to the point it takes a negative toll on your career and personal relationships.
On top of the financial predicament is the overly aggressive debt collection tactics used by at least one debt collection agency. Do you have anywhere to turn for relief from the harassing and intimidating tactics used by a third party debt collector?
The answer is an emphatic yes.
Enacted by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) prohibits bill collectors from harassing and intimidating consumers. You do not have to put up with threats, nor do you have to allow a company to call you at odd hours of the day.
The landmark federal consumer protection law also bans debt collection agencies from implementing deceptive debt collection practices, such as making false statements regarding consumer debts.
False Statements Defined by the FDCPA
Because of a number of different reasons, a third party debt collector like Recovery Solutions Group might come late to the debt collection game. Maybe the original creditor lost your financial information or the company charged with collecting your debt had a difficult time finding your address.
Whatever the reason for the delay, your debt might have expired because of the statute of limitations imposed on debt collection efforts by your state. However, some third party debt collectors continue to pursue outstanding debts long after the statute of limitations has expired.
Even worse, you might deal with a bill collector that threatens to file a lawsuit or garnish your wages, even though your debt is no longer legally eligible for collection. Under the FDCPA, the threats are considered false statements.
Proving Recovery Solutions Group Violated the FDCPA
Most FDCPA cases involve consumers proving a debt collection agency violated one or more provisions of the federal consumer protection law. In 2018, the United States Court of Appeals for the Eighth Circuit issued a ruling that added a second step for proving an FDCPA violation.
In the case of a company making false statements, you must show the false statements made a “material” impact on your ability to evaluate your financial options.
If you sent money to a debt collection agency after the statute of limitations ran out, the company that collected the money had a “material” affect on how you reached a personal financial decision.
The FDCPA and Monetary Damages
The FDCPA does much more than just outlaw previously legal debt collection tactics. It also grants consumers the right to punish lawbreaking third party debt collectors by seeking monetary damages. As the most common form of monetary damages, statutory damages punish a bill collector for committing one or more violations of the FDCPA.
With a limit of $1,000, statutory damages represent the type of monetary damage that requires the submission of convincing physical and anecdotal evidence. A licensed FDCPA attorney can help you gather the evidence required to move your case forward in a civil court.
Schedule a free consultation with an experienced FDCPA lawyer to get the legal ball rolling on your case.
*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 Recovery Solutions Group, or any other third-party collection agency, you may not be entitled to compensation.