5 Signs Your Client has a Strong FDCPA Case

While our FDCPA leads yield profitable costs per cases for our clients, not every lead you receive from any lead generation service will be a perfect claim. Here are some makings of an excellent claim your intake staff can look for when evaluating the creditor harassment leads you receive from eGen.

1. Your client has phone records proving how often a collection agency called him.

While it may be hard to argue that a third-party debt collector used profane or harassing language during a phone call (unless the call was recorded), it’s easy to prove how many time a collection agency called a consumer within a timeframe. If your client can show that he or she received dozens of calls every week from a debt collector, you’ll have a slam-dunk case.

Nearly 70% of our FDCPA leads report that a collection agency “Called repeatedly or not stopped calling after (they) advised them to stop,” meaning the vast majority of the FDCPA leads you receive should have phone records proving abusive tactics.

2. Your client has been harassed recently.

FDCPA claims are not valid forever—the statute of limitations for filing an FDCPA claim is one year after the violation took place. If you’re speaking with a claimant who was harassed by a third-party debt collector last week, he or she may have a much stronger claim than someone who was harassed months in the past.

3. Your client has been harassed by a large company.

The net worth of a debt collector will play a large role in how much of a settlement your client can receive. A solo collector will have a significantly smaller net worth than a larger company like Expert Global Solutions, the world’s largest collection agency. Bigger revenue means bigger FDCPA settlements for your firm.

4. Your client has received documents in the mail clearly regarding debt.

This goes along with the first sign your claimant has a good case—if you can provide physical evidence that a collection agency sent embarrassing media to your claimant clearly regarding collections, you’ll have an easy time proving that the FDCPA was violated in court. Even if the letter was simply sent to your claimant’s home, anyone could have seen it, meaning a consumer’s rights were violated.

5. The debt was discussed with uninvolved third parties.

Not only is discussing a debt with an uninvolved third party illegal under the FDCPA, but it may lead to damages significantly higher than the go-to statutory damages up to $1,000. Damages for emotional distress can create huge settlements, especially if a collection agency contacted a consumer at work. Not only can third parties’ involvement disrupt a consumer’s emotional state, but it can also affect his or her ability to earn wages, which is also a claimable damage in an FDCPA violation. A staggering 30% of our FDCPA leads report that collection agencies have contacted an uninvolved party regarding a debt.

Interested in increasing your caseload?

If you’d like to learn more about our creditor harassment leads, give us a call today at 617.800.0089. We’d love to discuss our FDCPA lead availability in your area and highlight some of the best features of the service.