You arrive home after a long day at work to find a letter from Alliant Capital Management sitting in your mailbox. This is the third letter you have received and this time, the debt collection agency has used strong language by giving you an ultimatum to pay off an outstanding credit card account.
Not knowing what to do, you wonder if Alliant Capital Management has violated a federal consumer protection law. After speaking with a licensed consumer protection attorney who has successfully litigated numerous cases covered by the Fair Debt Collection Practices Act (FDCPA), you realize that Alliant Capital Management might have violated the groundbreaking federal consumer protection law.
About Alliant Capital Management
With multiple locations mostly spread out over the northeastern section of the United States, Alliant Capital Management opened the doors to its first branch in 2013. Six years into its run as a debt collection agency, Alliant Capital Management has received a large number complaints about how the company responds to consumer inquiries. The Better Business Bureau (BBB) initiated an investigation into the company and discovered Alliant Capital Management does not have the proper legal credentials to operate as a third party debt collector in these states: Nebraska, North Carolina, North Dakota, Rhode Island, Tennessee, Utah, and Washington.
Threats are Prohibited by the FDCPA
Under the FDCPA, bill collectors are not permitted to threaten consumers. Alliant Capital Management is barred from threatening to contact a third party regarding your debt. Debt collection agencies like to issue threats of contacting friends and family members to scare consumers into settling delinquent credit card and personal loan balances. Shame is a powerful motivator, but the FDCPA outlaws threats to contact a third party to shame consumers into taking care of personal debts.
Making an ultimatum like “You have seven days to take care of this debt” is not considered a threat under the FDCPA. However, stating “You have seven days to take care of this debt, or we will file a lawsuit against you” is considered a threat according to the FDCPA. In the example of Alliant Capital Management sending you a letter that contained an ultimatum, the third party debt collector has acted within the law.
Are You Eligible for Monetary Damages
Simply banning overly aggressive debt collection practices was not enough for the United States Congress. The FDCPA also includes a lengthy penalty provision that allows consumers to file claims seeking actual damages. If Alliant Capital Management has threatened you and the threats have taken an emotional toll on you, the FDCPA permits you to file a claim to recover lost wages and the money spent on treating the symptoms of emotional duress. Your FDCPA lawyer will have to present convincing evidence that links your emotional distress symptoms to the illegal acts committed by Alliant Capital Management.
End the Threats
If left unchecked, a bill collector will feel embolden to increase the pressure on you. The pressure can involve issuing threats that keep you up at night. Never permit a debt collection agency to threaten you. Schedule a free initial consultation with an FDCPA attorney today to learn more about the federal consumer protection law.
*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 Alliant Capital Management, or any other third-party collection agency, you may not be entitled to compensation.