Despite the enactment of a federal consumer protection law, far too many debt collection agencies cross the legal line by implementing overly aggressive debt collection tactics. From threatening consumers to calling them at home repeatedly throughout the day, some third party debt collectors do not have any respect for the historically important Fair Debt Collection Practices Act (FDCPA).
Written into law by the United States Congress on September 20, 1977, the FDCPA outlaws dozens of previously legal overly aggressive debt collection practices. For example, the FDCPA bans bill collectors such as Ad Astra Recovery Services, Inc. from threatening consumers in any way. The monumental federal consumer protection law also makes it illegal for debt collection agencies to issue false statements. Making false statements is a strategy to trick consumers into doing something they would not otherwise do.
What False Statements Do Some Debt Collection Agencies Make?
Under the FDCPA, it is clearly illegal for a third party debt collector to make any type of false statement to you. However, you should be on guard for a few types of false statements that appear often in FDCPA cases. For example, did you know it is unlawful for a bill collector to claim you owe money on an outstanding credit card or a persona loan account that you are under no legal obligation to pay off.
Ad Astra Recovery Services, Inc. cannot report incorrect information on your credit report. Some companies lie about the status of a delinquent debt to punish consumers for not taking care of a credit card or a personal loan balance. It is also illegal for a debt collection agency to claim there is not a statute of limitations for collecting debts in the state where you live. Every state has a statute of limitations for debt collections.
How to Proceed against a Bill Collector that Makes False Claims
Under the FDCPA, consumers are allowed to file a lawsuit in a civil court to fight back against a company that violates one or more provisions of the FDCPA. Although the process is straightforward for determining FDCPA violations for most provisions, it gets a little confusing when it comes to the false statements provision of the landmark consumer protection law. Several court ruling has expanded the burden of proof in false statements cases. Not only do you have to prove a debt collection agency violated the FDCPA by making false statements, you also have to show the false statements adversely influenced your personal finance decisions.
Making a Third Party Debt Collector Pay
If a bill collector violated one or more provisions of the FDCPA, you should immediately seek the legal advice of a licensed consumer protection lawyer. Your attorney will determine whether you have enough evidence to proceed with a formal legal complaint that seeks monetary damages. In addition, the FDCPA lawyer that you hire will try to link the false statements made by a debt collection agency with any decisions you made regarding the status of your debt.
Schedule a free initial consultation today with an experienced FDCPA attorney to decide whether there is enough evidence to warrant the filing of a claim against Ad Astra Recovery Services, Inc.
*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 Ad Astra Recovery Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.