One time per year, American consumers are able to access a free credit report from each of the three major credit reporting agencies.
The goal of the consumer protection program is to ensure nothing appears on your credit report that will hinder your ability to receive approval for a credit card application or take out a mortgage on a new home. Unfortunately, some consumer credit reports contain false information submitted by a debt collection agency.
Did Roquemore & Roquemore, Inc. make false statements regarding your debt? If the answer is yes, then you should know about a federal consumer protection law that prohibits the false statements made by third party debt collectors.
What Constitutes False Statements?
Considered by many legal scholars to be the ultimate consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) prohibits bill collectors from harassing and intimidating consumers into taking care of outstanding credit card and personal loan accounts.
A debt collection agency such as Roquemore & Roquemore, Inc. is not permitted to call you between the hours of 9 pm and 8 am. The company is also barred from issuing threats of any kind, as well as making false statements regarding your debt.
A third party debt collector can issue a direct false statement by insisting you are on the financial hook for a debt owed by a family member. Bill collectors can make indirect false statements, as shown by the credit reporting agency example above.
Some companies leverage the impact credit scores have on consumer behavior by handing over false information to Equifax, Experian, and/or TransUnion. One example of false information given to the three primary credit reporting bureaus is claiming a consumer has filed for bankruptcy when in fact, the consumer has not started the bankruptcy process.
What to Do If a Debt Collection Agency Makes False Statements
In 2018, the United States Court of Appeals for the Eighth Circuit issued a ruling that changed the way consumers have to prove a third party debt collector made false statements.
Not only do you have to present evidence that corroborates the charge of a company making false statements, you also have to show the false statements had a negative impact on how you made personal financial decisions.
In the case of the false information presented to the three credit reporting agencies, a consumer might decide not to submit a credit card application that would have probably been approved.
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Do You Qualify for Monetary Damages?
Congress did much more than simply outlaw dozens of deceptive and overly aggressive debt collection tactics. The federal legislative body also granted consumers the right to seek just compensation for the pain and suffering caused by illegal debt collection practices.
Statutory damages, which the FDCPA limits to a one-time award of $1,000, covers every violation committed by the same bill collector. You can also file a claim in a civil court seeking actual damages caused by physical and/or emotional distress symptoms.
Never allow a debt collection agency to get away with making false statements regarding your debt. Schedule a free initial consultation today with a licensed FDCPA attorney.
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 Roquemore & Roquemore, Inc., or any other third-party collection agency, you may not be entitled to compensation.