Falling behind on bills is one of the most difficult things you will ever have to handle. The pressure of playing financial catch up can diminish the quality of your health, as well as impair personal and professional relationships.
Just when you though it could not get any worse, an overly aggressive debt collection agency starts harassing you over the phone. Do you have to take deceiving and overly aggressive debt collection tactics? Under a landmark federal consumer protection law, the answer is a resounding no.
About SIMMS Associates, Inc.
Based out of Newark, Delaware, SIMMS Associates, Inc. does not purchase outstanding consumer debts from original creditors. Instead, the company receives a commission for every successful debt collection effort. Established in 1991, the bill collectors has received accreditation from the Better Business Bureau (BBB). The leading consumer advocacy organization has also given SIMMS Associates, Inc. an A rating.
What Constitutes Deceiving Debt Collection Tactics?
For years leading up to September 20, 1977, the debt collection industry was not regulated by state and federal laws. To rectify the one-sided relationship between consumers and third party debt collectors, the United States Congress enacted the groundbreaking Fair Debt Collection Practices Act (FDCPA).
Under the FDCPA, it is considered illegal for a bill collector such as SIMMS Associates, Inc. to threaten to garnish your wages and threaten to contact a third party regarding your debt.
The FDCPA also addresses the underhanded debt collection tactic of using deception to trick consumers into paying off delinquent credit card and personal loan accounts. Deception often comes in the form of misrepresentation, which is the illegal practice claiming to be another organization that is interested in your personal finances.
SIMM Associates, Inc. is not permitted to impersonate the original creditor of a delinquent debt, as well as impersonate a credit reporting agency claiming your credit score is at risk for failing to pay off a consumer debt.
Monetary Damages and the FDCPA
When a third party debt collector goes too far in an attempt to get you to pay off an outstanding consumer debt, you have the right to file a claim in a civil court that seeks monetary damages. Statutory damages represent the financial award given to consumers that had to endure one or more violations of the FDCPA. As a one-time award capped at $1,000, statutory damages cover every violation of the FDCPA committed by a bill collector.
Actual damages cover the cost of the pain and suffering inflicted on a consumer by a debt collection agency. Because of the stress of having to deal with an overly aggressive third party debt collector, you might experience physical distress symptoms that include an increase in blood pressure and the development of a painful ulcer.
You Need Legal Representation to Fight Back
You cannot expect to stroll into a courtroom and claim you suffer from physical duress. An FDCPA lawyer by your side will perform an extensive review of your case to determine if there is enough evidence to warrant the filing of a lawsuit.
You can expect SIMMS Associates, Inc. to have legal representation. Make sure you balance the scale of justice by scheduling a free initial consultation with a highly rated FDCPA attorney.
*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 SIMMS Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.