One of life’s most unpleasant events is to fall into a deep financial hole.
Whether you lost your job and/or suffered a serious injury that led to bank-breaking debt, trying to climb out of a deep financial hole can take years to do.
The resulting stress is exacerbated by an overly aggressive debt collection agency that harasses and intimidates you daily.
Just when you thought the stress and anxiety could not get any worse, a third party debt collector contacted your spouse regarding your debt.
Shame and embarrassment ensue, which is exactly what the bill collector wants you to feel.
Fortunately, a landmark federal consumer protection law enacted in 1977 outlaws the long standing practice of debt collection agencies using shame and embarrassment to collect delinquent consumer debts.
Called the Fair Debt Collection Practices Act (FDCPA), the consumer protection law bans the tactic that many bill collectors use to shame and embarrass consumers into taking care of outstanding credit card and personal loan balances.
According to the FDCPA, a debt collection agency like Advanced Capital Solutions, Inc. cannot contact a third party regarding your debt.
An Exception to the Third Party Provision
Marriage is a lifelong commitment that requires both spouses to stick it out “through better or worse.”
The lifelong commitment often is threatened because of financial difficulties that stem from falling into debt.
Some debt collection agencies bank on marital disharmony by contacting a spouse to discuss the other spouse’s debt.
Does the FDCPA ban this type of behavior?
The short answer is yes, but there is one important exception to the third party provision of the FDCPA.
Many couples co-sign credit card and personal loan applications.
Purchases such as a car or a large appliance often involve financing by accumulating debt, with both spouses going in on the debt transaction.
Another reason a spouse’s name can appear on the credit application of the other spouse is because the other spouse does not have a strong enough credit history to warrant approval of the application.
Whatever the reason for co-signing a credit card or a personal loan application, the FDCPA permits a debt collections agency to contact a co-signee regarding the other co-signee’s debt.
Examples of Third Party Provisions
If a spouse does not co-sign a credit card or a personal loan application, a third party debt collector such as Advanced Capital Solutions, Inc. cannot contact the spouse to discuss the debt.
A company cannot even make vague references to the debt like asking a spouse about the other spouse’s spending habits.
If your spouse did not co-sign a credit application and he or she received a call from a bill collector regarding your debt, then you might have a strong enough case to file a claim in civil court.
Seeking Monetary Damages
The FDCPA does much more than outlaw dozens of previously legal debt collection tactics.
It also grants consumers the legal power to file claims against debt collection agencies in a civil court.
By working with an experienced FDCPA lawyer, you should be able to determine whether you have a strong enough case to file a lawsuit against a third party debt collector.
Most FDCPA attorneys schedule free initial consultation with clients to get the legal ball rolling.
*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 Advanced Capital Solutions, Inc., or any other third-party collection agency, you may not be entitled to compensation.