If you have fallen behind on bills, you understand the feeling of frustration that has seeped into every part of your life. Attempts to work with original creditors have failed, which has led to every original creditor handing off your account to a debt collection agency. Now, what was once frustration has turned into unbridled fear. You should know that a landmark federal consumer protection law ensures every consumer is treated in a fair and honest way by third party debt collectors.
Enacted by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) is considered by many legal scholars to be the ultimate consumer Bill of Rights. The FDCPA makes it illegal for companies to use harassment and intimidation to coerce consumers into handing over money to cover delinquent credit card and personal loan balances. Moreover, the FDCPA prohibits bill collectors such as SRS and Associates, Inc. from using deceptive debt collection tactics.
About SRS and Associates, Inc.
Operating out of Vineland, New Jersey, has earned the reputation of contacting third parties concerning consumer debts. The Better Business Bureau (BBB) has resolved a number of consumer complaints addressing the third party communication issue. SRS and Associates, Inc. specializes in collecting outstanding credit card accounts, especially cards issued by retailers.
What Constitutes Misrepresentation?
According to the FDCPA, misrepresentation can take many forms. SRS and Associates, Inc. is not allowed to claim the company represents an attorney or a government agency. Even if the third party debt collector is a law firm, it must identify itself as a bill collector and not as a law firm. A bill collector cannot claim you have committed a crime by not paying off a credit card or a personal loan balance. The moment you hear a debt collection agency claims to be a credit reporting agency, you should contact a licensed consumer protection lawyer who handles FDCPA cases. Remember that no company can claim you can be arrested for an outstanding debt. The United States does not have and never will have prisons dedicated to incarcerating consumers that do not pay their bills.
Seeking Monetary Damages
Deceptive debt collection tactics can leave emotional scars that take years to mend. Fortunately, the FDCPA contains a provision that gives consumers the right to file claims seeking monetary damages. In addition to seeking statutory damages for one or more violations of the FDCPA, you also have the right to request actual damages to cover the pain and suffering caused by emotional duress symptoms. Since proving emotional distress is difficult to do, it is important that you work with an experienced FDCPA attorney who will gather enough evidence to make your claim stick in a civil court.
Not Just Any Lawyer
The stakes are too high for you to rely on a novice attorney who has no experience litigating FDCPA cases. Instead, you should speak with an accomplished consumer protection attorney who has compiled an impressive record winning FDCPA cases. Schedule a free initial consultation today.
*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 SRS and Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.