You probably have heard about how some debt collection agencies cross the legal line by harassing and intimidating consumers into paying off outstanding debts. Some of the tactics used to harass and intimidate consumers include issuing threats and contacting third parties. However, there is another debt collection tactic that often flies under the legal radar. It is called misrepresentation, and the practice is illegal under a sweeping federal consumer protection law.
Enacted by the United States congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for third party debt collectors to implement dozens of previously valid debt collection tactics. For example, a bill collector such as FH Cann & Associates, Inc. cannot threaten to garnish your wages to collect money on an outstanding credit card or personal loan balance. The company is also forbidden from using deception to trick you into paying off a consumer debt.
About FH Cann & Associates, Inc.
Established in 1999, FH Cann & Associates, Inc. offers debt collection services that cover several niches, including bank accounts, education loans, and taxes for a number of Massachusetts cities. Located in North Andover, Massachusetts, FH Cann & Associates, Inc. has earned the highest A+ rating from the Better Business Bureau (BBB). The debt collection agency has also received accreditation from the leading consumer advocacy organization.
Determining What Counts as Misrepresentation
Under the FDCPA, there is a provision that specifically addresses the underhanded debt collection tactic of using deception. The FDCPA prohibits third party debt collectors from claiming the companies represent something they are not. For example, you might receive a call from a company claiming to be a law enforcement agency that is trying to collect a delinquent consumer debt. This should be a red flag, as United States law does not permit anyone to go to jail for not paying their debts.
Another type of misrepresentation occurs when a bill collector claims to be the original creditor of a debt. This tactic is used to persuade consumers that they have reached the end of the line before the debt is reported to a credit reporting agency. It is considered illegal for a debt collection agency to reference a credit report in regards to an outstanding credit card or personal loan account.
Are You Entitled to Monetary Damages?
The FDCPA gives consumers the right to file lawsuits that seek monetary damages for one or more violations of the FDCPA. You can file a claim seeking statutory damages, which is a one-time reward covering every violation of the federal consumer protection law. If a bill collector has caused you pain and suffering, you might be entitled to actual damages, which covers the cost of treating physical and/or emotional distress symptoms.
Hire a Highly Rated FDCPA Lawyer
When you work with a highly skilled FDCPA attorney, you receive the legal expertise needed to move forward with you case. Your FDCPA lawyer might decide to file a claim or instead, opt for another way to get FH Cann & Associates, Inc. off your back. One option is to invoke the statute of limitations imposed by your state for debt collection efforts.
*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 FH Cann & Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.