Are you currently dealing with a debt collection agency that constantly calls you throughout the day? Has the tone of the phone calls turned into harassment and intimidation? Many consumers have to deal with debt collection agencies that implement overly aggressive debt collection tactics. Fortunately, a federal consumer protection law written by the United States Congress bans the use of overly aggressive debt collection practices.
Referred to as the ultimate consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) prohibits third party debt collectors from calling consumers between the hours of 9 pm and 8 am. The landmark federal consumer protection law makes it illegal for bill collectors to issue threats of any kind, such as threatening to garnish consumer wages. What many consumers do not know is the FDCPA also bans the making of false statements regarding consumer debts.
What Types of False Statements Do Debt Collection Agencies Make?
In the debt collection industry, there are false statements made directly to consumers and there are indirect false statements issued to third parties. An example of a direct false statement is when a third party debt collector such as Waypoint Resource Group, LLC claims your state does not have a statute of limitations for the collection of consumer debts. In fact, every state has established a statute of limitations for debt collection efforts. An example of an indirect false statement made to a consumer happens when a bill collector lies about a credit card or a personal loan account to a third party. The false statement can be insisting a third party is responsible for a consumer debt that he or she is not legally obligated to pay off.
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What to Do If Waypoint Resource Group, LLC Makes False Statements
In 2018, the United States Court of Appeals for the Eighth Circuit dramatically changed the burden of proof for FDCPA false statement cases. Not only do you have to present evidence that proves a third party debt collector issued false statements, you also have to show the false statements were a “material” factor that hindered your ability to make sound financial decisions.
Monetary Damages and the FDCPA
In addition to outlawing dozens of previously legal debt collection tactics, the FDCPA also contains a provision that grants consumers the right to file claims seeking monetary damages. Statutory damages of no more than $1,000 cover every violation of the FDCPA committed by the same bill collector. Actual damages, which the FDCPA does not restrict, pay for the pain and suffering caused by physical and/or emotional distress symptoms. Because the presence of emotional duress symptoms can be hard to prove, it is a good idea to hire a licensed FDCPA lawyer to investigate your claim of emotional pain and suffering.
Work with an Experienced FDCPA Attorney
Hiring an FDCPA lawyer ensures you gather and present the evidence required to move your case forward in a civil court. Your attorney will collect physical evidence that includes documentation of your medical bills. Schedule a free initial consultation with an accomplished FDCPA lawyer to decide whether filing a lawsuit is a good idea.
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 Waypoint Resource Group, LLC, or any other third-party collection agency, you may not be entitled to compensation.