If you have fallen behind on bills, you understand the first uneasy feeling you get is frustration caused by not being able to stay ahead of the financial curve. Frustration becomes a feeling you wish you still had after a debt collection agency called you at home regarding your debt.
Now, stress and anxiety dominate your life. Things reach the worst point when a third party debt collector uses shame and embarrassment against you by contacting a third party.
Fortunately, there is a landmark federal consumer protection law that prohibits bill collectors such as Elite Recovery Services, Inc. from implementing deceptive and overly aggressive debt collection tactics.
Referred to as the Fair Debt Collection Practices Act (FDCPA), the sweeping federal consumer protection law banishes the long standing practice used by debt collection agencies of threatening consumers with jail time for not taking care of delinquent credit card and personal loan accounts.
The FDCPA also makes it illegal for a company to contact a third party regarding your debt.
Are There Reasons Why a Bill Collector Can Contact You?
One of the ways the FDCPA and subsequent court ruling allow a debt collection agency to contact a third party is if you granted the company permission to make contact with a friend, neighbor, family member, or professional peer.
This is a murky legal concept because it often comes down to the word of the consumer and the third party debt collector. Verification can come in the form of a written letter or a tape recorded phone conversations.
You should also be aware that some debt collection agencies bank on the ignorance of consumers when it comes to the FDCPA. For example, a company might claim that by giving it permission to contact a third party, you are facilitating the conclusion of the debt collection process.
The same third party debt collector might state that you have to grant permission as a mandatory element of the process for collecting outstanding consumer debts. Never give a bill collector permission to contact a third party, without first speaking with a state licensed consumer protection lawyer.
Blatant Violations of the Third Party Provision
To say some debt collection agencies use bold collection tactics would be an understatement. By mentioning how much you owe on a debt, the company making the statement has committed a blatant violation of the FDCPA.
You might deal with a company that tries to shame a third party into covering your financial obligation. When you have to deal with an overly aggressive bill collector that contacts a third party regarding your debt, the time has come to speak with an experienced FDCPA attorney.
The Value of an FDCPA Lawyer
With an FDCPA attorney, you will not have to deal with overly aggressive debt collection practices that includes a company contacting a third party regarding your debt. You FDCPA lawyer can end the harassment by filing a claim in a civil court or by sending the debt collection agency a formal cease and desist notice.
Schedule a free initial consultation with an accomplished FDCPA attorney to learn more about the FDCPA.
*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 Elite Recovery Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.