Did Account Services Collections, Inc.* Contact a Third Party Regarding Your Debt?
After a long day at work, you come to find your spouse by the home landline. Your spouse plays back the messages, with one of the messages sending you into a panic. You received a voicemail message from a debt collection agency and a third party heard the message. Does this action violate a federal consumer protection law called the Fair Debt Collection Practices Act (FDCPA)?
In response to growing concerns made by consumers, the United States Congress wrote the FDCPA into law on September 20, 1977. The Landmark consumer protection law outlaws a long list of previously acceptable debt collection practices.
For example, the FDCPA bans the use of deception to trick consumers into paying off delinquent credit card and personal loan accounts. The FDCPA also prohibits bill collectors from contacting third parties regarding consumer debts.
Did Account Services Collections, Inc. contact a third party regarding your debt? If so, does the FDCPA provide you with legal protections to make the phone calls stop?
Exemptions to the Third Party Provision of the FDCPA
Under the FDCPA, a third party debt collector such as Account Services Collections, Inc. is barred from contacting a third party regarding your debt. However, the debt collection agency can contact a friend, a neighbor, or a family member to obtain your contact information that includes an address and a phone number.
The third party that answers the phone call does not have to provide any information, but Account Services Collections, Inc. has the right to ask for contact information. Moreover, a bill collector can contact anyone whose name appears with your name on a credit card or a personal loan application.
How does the FDCPA address the contact made by bill collectors over voicemail systems? The groundbreaking federal consumer protection law does not directly answer the question, but common sense tells us it is virtually impossible for a third party debt collector to leave a voicemail that no one else hears. If a bill collector has left you a message that somebody else can easily hear, you should reach out to a licensed consumer protection attorney to determine the best course of legal action.
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Handling Third Party Phone Calls
According to the FDCPA, you have the right to file a claim for one or more violations of the consumer protection law. If your lawyer does not uncover enough evidence to proceed with filing a claim, he or she might explore other options, including the option to send Account Services Collections, Inc. a formal cease and desist notice. You can write the cease and desist letter, but it is a more effective strategy if your attorney crafts the notice and sends it to the debt collection agency via certified mail.
Get the Legal Help You Deserve
The FDCPA gives your several powerful tools to fight back against a bill collector that contacts a third party regarding your debt. Speak with a highly rated consumer protection attorney to learn more about the rights given to you by the FDCPA. Complete the Free Case Evaluation found above this page to get in touch with an attorney that takes creditor harassment cases in your area!
*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 Account Services Collections, Inc. or any other third-party collection agency, you may not be entitled to compensation.
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