After a long and stressful day at work, all you want to do is go home and relax on the sofa, reading a good book. However, the first thing you notice when you walk in the door is the phone message machine is blinking. After clicking the button to hear the messages, you are stunned to discover every message is the same.
A debt collection agency wants you to pay off an outstanding credit card balance.
There are so many of the phone calls from the third party debt collector that your phone message machine is full. Does this constitute harassment under a landmark consumer protection law passed by the United States Congress in 1977?
The answer is clearly yes.
Types of Phone Call Violations Made by Bill Collectors
In response to growing discontent from consumers, the United States Congress created the ultimate consume protection bill of rights called the Fair Debt Collection Practices Act (FDCA). The FDCPA came into law primarily to stop aggressive debt collection agency tactics such as using abusive language and issuing threats. Another important component of the FDCPA involves prohibiting several types of phone call harassment tactics.
As the foundation of the phone call provisions written into the FDCPA, a debt collection agency is allowed to call you only between the hours of 8 am and 9 pm. To prove one or more violations of this provision, many states have enacted “One party consent” statutes, which means only one party to a phone conversation is required to grant permission for tape recording a phone call. Your FDCPA attorney will let you know if you live in a one party consent state, as well as encourage you to take advantage of the one party consent status to produce evidence against a debt collection agency.
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How to Make Harassing Phone Calls from Bass & Associates Stop
Your FDCPA lawyer will also explain the legal tools you have to stop the phone calls made by Bass & Associates. As the most effective method for stopping the phone calls made by a third party debt collector, your consumer protection attorney can send a formal cease and desist notice to the bill collector. Having your lawyer craft the cease and desist letter ensures the notice does not contain any emotionally charged language that will motivate the debt collection agency to come after you harder. Your FDCPA attorney will also send the notice through certified mail to create a paper trail that confirms you sent Bass & Associates the letter.
The Right to Seek Monetary Damages
The FDCPA allows consumers to seek monetary damages for violations of the landmark consumer protection law. Physical distress triggered by illegal third party debt collector practices can include debilitating conditions like an acute ulcer or a bout with a series of migraine headaches. By working with a licensed FDCPA lawyer, you will present the evidence required that links your physical issues with the aggressive debt collection tactics used by Bass & Associates.
Speak with an experienced consumer protection lawyer today to learn more about how the FDCPA protects you against illegal bill collector practices.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Bass & Associates or any other third-party collection agency, you may not be entitled to any compensation.