If you are facing a debt collection proceeding, you may find yourself dealing with third-party consumer debt collectors who are persistent to the point of being both harassing and unprofessional.
If one of those companies is Prince Parker & Associates, it is important you, as the debtor, understand your rights and what you can do to protect yourself.
What Is the Fair Debt Collection Practices Act?
Under the Fair Debt Collections Practices Act (FDCPA), all debtors are protected against unfair consumer debt collection practices of third-party collectors like Prince Parker & Associates. The FDCPA is part of a larger law, the Consumer Credit Protection Act, which was enacted in 1977.
The FDCPA provides strict rules and guidelines that debt collectors are required to follow when collecting on a debt. If a violation occurs, the debtor can seek compensation for damages sustained against the collector.
About Prince Parker & Associates
Prince Parker & Associates is a privately-held company that has operated in the accounts receivable management business since 1993. The business headquarters are in Charlotte, North Carolina, with the main office located at 8625 Crown Crescent Court, Suite 200, Charlotte, North Carolina.
The company is now owned by J. Parker. The company has a history, located on the Public Access to Court Electronic Records (PACER) system of repeated FDCPA violations in the collection of consumer debts.
Determining If a Claim Exists
The FDCPA prevents Prince Parker & Associates from committing certain actions that are considered unprofessional and unethical, including:
- If Prince Parker & Associates has called you at “odd hours,” which normally means before 8 a.m. or after 9 p.m.;
- If Prince Parker & Associates has used threatening or violent language when communicating with the debtor or other people connected to the debtor;
- If Prince Parker & Associates has threatened to file a law suit when they have no intention of pursuing one;
- If Prince Parker & Associates has threatened to garnish the debtor’s wages when they have no legal right or no intention of pursuing a garnishment;
- If Prince Parker & Associates has called the debtor’s place of business when he or she has specifically stated that no personal calls are to be made there;
- If Prince Parker & Associates has communicated with third parties connected to the debtor in an effort to seek information on the debt or disclosing information about the debtor; or
- If you believe Prince Parker & Associates has threatened to file criminal charges against the debtor while collecting on the debt.
If any of the above behavior has happened to the debtor, he or she may have a valid FDCPA claim to be filed in state court by Prince Parker & Associates.
What Damages Are Available?
Once the debtor determines that he or she has a valid FDCPA claim against Prince Parker & Associates, the debtor must then determine what types of damages are applicable. In all FDCPA claims, the debtor is entitled to receive statutory damages in the amount of $1,000, regardless of actual damages sustained.
In addition to the statutory amount, the debtor can also seek actual damages. These damages can include compensation for physical distress or injury, including medical bills or treatment needed for related illnesses or injuries the debtor has endured because of the physical distress caused as a direct result of the harassment.
In addition, actual damages can include emotional distress damages caused from the FDCPA violations. If the debtor has also had to lose time at work because of this harassment and stress, the actual damages can include lost wages.
However, for actual damages to be awarded, he or she must be successful in proving they occurred and in showing a connection to the injury and the behavior exhibited by the debt collector. In addition, attorney’s fees needed to pursue an FDCPA claim can be reimbursed with the final award given.
Contact an Attorney Today
If a debtor believes an FDCPA violation has occurred by Prince Parker & Associates, he or she needs to contact an attorney for a consultation before pursuing a claim. The attorney can advise the client on what steps need to be taken to prove a successful FDCPA claim.
If a debtor brings a case and it is not successful, that debtor risks the chance of having to pay for the legal fees for the debt collector in having to defend the claim. Prince Parker & Associates will likely come to court with legal representation.
It benefits the debtor a great deal to have a professional on his or her side, as well. This evens the playing field and ensures that all information and evidence is presented properly in proving the debtor’s case.
*DISCLAIMER: The content of this article is for information purposes only. It should not be used construed as legal advice. If you choose to file a claim against Prince Parker & Associates or any other third-party collection agency, your claim may not be successful, and you may not be entitled to any compensation for your alleged injuries.