What Are The Common FDCPA Violations By Collection Agencies Like Allied Interstate?
Collection agencies are known for being rude, abusive and sometimes threatening. No one enjoys dealing with them. But at times it becomes unavoidable when your creditor turns the account, on which you have defaulted, to a collection agency. However, collection agencies like Allied Interstate, Cach LLC, are not given a free rein; the Government has laws in place to protect the rights of the consumers against abusive debt collectors. The law that would help the consumers to protect their honor and money is known as Fair Debt Collection Practices Act (FDCPA).
Collection agencies are often known to be aggressive with their collection efforts and can go to any extent to torment the customer to pay them. But you might not always have to bow down to their pressure, if you know your rights as a consumer mentioned in the FDCPA.
The debt collector can be held liable for violating the law and the consumer can take legal action against the collector for such violations. Following are the most common FDCPA violations by debt collectors.
Calling at unusual time: Debt collectors are barred from contacting the debtor at odd times i.e. before 8 a.m. in the morning and after 9 p.m. in the evening.
Not disclosing identity: While contacting the debtor the collector must divulge
- His identity or alias
- Name of his company- Allied Interstate, Cach LLC or NCO and
- Name of the original creditor – AMEX, Bank of America etc.
Non disclosure would mean violation of laws. Also, the debt collector might not represent themselves as law enforcement officials.
Contacting neighbors and relatives: When the phone number or the address of the debtor is available with the collection agency, the CA must not call neighbors and relatives of the debtor and discuss his debt issues with them.
Using abusive language and profane: The collector mustn’t also use profane and abusive language while contacting the debtor. Threatening one to cause harm to his family or to get him laid off from his job is considered as FDCPA violation.
Threatening with lawsuit and jail term: The debt collector must also refrain himself from threatening one with lawsuit when no case has been filed. Similarly, threatening one with imprisonment is also a violation of consumer right.
The FDCPA has the provision which allows the customer to seek compensation from the debt collector if he has been wronged. The customer can sue the collection agency and collect $1000 in compensation if there is a violation of FDCPA.
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