After a long day at work, you arrive home to find your spouse waiting by the front door. Your spouse plays back several tape recorded messages from a debt collection agency. With each passing message, the tone used by the representative from the third party debt collector grows more aggressive.
The last message includes a threat that leaves you wondering if you have a way out of the dire financial situation. Fortunately, a more than 40-year old federal consumer protection law forbids the issuance of threats in an attempt to collect an outstanding credit card or personal loan account.
About CBE Group, Inc.
Located in Cedar Falls, Iowa, CBE Group, Inc. defies the standard characterization of a debt collection agency. According to the Better Business Bureau (BBB), the company meets every BBB accreditation standard, including the good faith effort to resolve consumer complaints. The BBB has also awarded CBE Group, Inc. the consumer advocacy organization’s highest rating of A+. The bill collector has operated as a corporation for nearly 90 years.
What Actions are Prohibited by the FDCPA?
The threats left on a home voicemail system violated two provisions of the FDCPA. First, the FDCPA clearly outlaws the practice of issuing threats of any kind. Second, the message left on the home voicemail system violated the FDCPA provision that makes it illegal for bill collectors to contact third parties concerning consumer debts. Several FDCPA rulings have stated that by leaving voicemails, debt collection agencies have violated the third party provision of the FDCPA.
One of the best things about the FDCPA is the federal consumer protection law specifies what types of threats are prohibited from debt collection agencies. CBE Group, Inc. cannot threaten to seize your property to pay off a delinquent debt. The threat of losing personal property is reason enough for a consumer to settle a past due financial obligation. Third party debt collectors want consumer to believe they have the right to seize private property, and then liquidate the property into cash to pay off outstanding credit card and personal loan balances.
Just Compensation for FDCPA Violations
Without a punitive provision written into the FDCPA, bill collectors would continue to conduct business as business was conducted prior to September 20, 1977. The FDCPA gives consumers the right to file claims seeking both statutory damages and actual damages. Statutory damages cover every violation of the FDCPA. The one-time award cannot exceed $1,000, while actual damages are not capped by the federal consumer protection law.
The Importance of Working with an FDCPA Lawyer
Winning an FDCPA claim requires the legal expertise and experience of a highly rated consumer protection lawyer who specializes in handling FDCPA cases. Your attorney will conduct a thorough review of your case to determine the best course of legal action. If there is not sufficient evidence to move forward with filing a claim, your FDCPA lawyer might opt to send CBE Group, Inc. a formal cease and desist notice by certified mail. A properly crafted cease and desist notice requires the bill collector to stop communicating with you by phone, email, and snail mail.
Schedule a free initial consultation with an FDCPA attorney 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 CBE Group, Inc., or any other third-party collection agency, you may not be entitled to compensation.