After a long day at work, you arrive home to find the landline answering machine full of messages. Several of the messages are from a debt collection agency and with each passing message, the representative leaving the message grows more aggressive. On top of that, the representative made a false statement regarding your debt.
Did RGS Financial make false statements regarding your debt? If so, you should know a powerful federal consumer protection law prohibits third party debt collectors from issuing false statements.
Types of False Statements Prohibited by Consumer Protection Law
On September 20, 1977, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, a bill collector such as RGS Financial cannot leave voice messages because several courts have ruled that doing so violates the third party provision of the groundbreaking consumer protection law. A debt collection agency is also not allowed to threaten you in any way, as well make false statement regarding your debt.
One of the most common false statements made by third party debt collectors is to mislead consumers into paying more on an outstanding credit card or personal loan account than is actually owed. Some bill collectors bank on the fact many consumers keep shoddy personal financial records, including inaccurate balances of credit card and personal loan accounts. Another common false statement involves a debt collection agency trying to get you to pay off a debt owed by someone you know. For example, RGS Financial might try to trick you into taking care of a credit card balance owed by a former spouse.
What to Do If RGS Financial Deceives You
Taking immediate action against a deceptive bill collector should be your top priority. You have to gather and present evidence that proves a debt collection agency made false statements regarding your debt. In 2018, the United States Court of Appeals for the Eighth Circuit added a second stipulation for proving false statements. Now, you also have to show the false statements issued by a third party debt collector negatively influenced how you made personal financial decisions. You might have sent a bill collector money to cover the balance on a credit card account that you have no legal obligation to pay off.
Do You Qualify for Monetary Damages?
The FDCPA punishes debt collection agencies that break the law by granting consumers the right to seek monetary damages. You can file a claim seeking statutory damages, which represent punitive damages that cover every violation of the FDCPA committed by the same company. In some cases, the deceptive techniques used by a third party debt collector can cause physical and/or emotional duress symptoms that require monetary damages to treat.
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A highly Rated FDCPA Attorney Can Help
A bill collector such as RGS Financial will not back down from a claim seeking monetary damages. This is why you should come to court accompanied by a licensed consumer protection lawyer who has compiled an impressive record of winning FDCPA cases. Your attorney will present compelling evidence that includes the proper documentation of your physical and/or emotional distress symptoms.
Schedule a free initial consultation with an experienced FDCPA lawyer.
Additional Resources
*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 RGS Financial, or any other third-party collection agency, you may not be entitled to compensation.