It is bad enough being in debt, but it can be an intimidating experience if you are constantly contacted by a debt collection agency like Atlantic Credit & Finance. The federal government regulates the activity of third party debt collectors like Atlantic Credit & Finance so that they cannot harass debtors or continue to call them at inconvenient or antisocial times. If this is what has been happening to you it is important that you contact an attorney to help you deal with unwanted and possibly illegal activity.
What is the FDCPA?
The Federal Debt Collection Practices Act (FDCPA) is a federal law that regulates the activity of third party debt collectors. It has been strengthened over the last decade and is designed to protect debtors from over-zealous debt collectors. The Act allows debtors to sue the debt collector if it continues to call repeatedly at anti-social times or behaves in an aggressive or threatening manner. The Act does not absolve the debtor from paying the debt. The debt remains the responsibility of the debtor to pay in full to the creditor.
What is and What is Not Acceptable Behavior From Atlantic Credit & Finance
The FDCPA regulates what Atlantic Credit & Finance can and cannot do in relation to their contact with you as a debtor of one of their clients. Note that Atlantic Credit & Finance is not your creditor as such. You do not owe any money to this company at all. They are only acting on behalf of the business or individual you owe money to.
According to the FDCPA, the debt collector can contact you in the daytime between 8 a.m. and 9p.m. They can either contact you by phone or arrange to see you at your home if you agree to this. They can contact you at other times if you arrange for them to do so. They are not allowed to continue contacting you if you ask them to stop. They are not allowed to threaten you or use threatening or intimidating language or use physical force. If the attempt to do so, you have the right to take legal action against them.
What to Do if Harassed by Atlantic Credit & Finance
If you are in debt and a debt collector has been contacting you to try and recover the debt owed to their client, you should make a record of all their contacts and what they say and do. Make a note of the times they contact you. If they contact you by phone or see you in person, it may be worth recording the conversations you have with them. If they continue to contact you at unreasonable times of the day or night, or too often, ask them to stop. If they continue to harass you, tell them that you will be seeking legal advice and may take legal action against them. See an attorney about your legal options.
How an Attorney can Help
A third party debt collector cannot continue to call you repeatedly at anti-social hours or too often. You may be able to sue the debt collector if they continue to do so after being asked to stop or if they use threatening or abusive behavior. You have 1 year to file for damages under the FDCPA. It is preferable to discuss your situation with an attorney who will pursue the debt collector through the court on your behalf.
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*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 Atlantic Credit & Finance, or any other third-party collection agency, you may not be entitled to receive compensation.