Debt collection agencies operate on a three-tier model for collecting outstanding consumer debts, with the third tier representing the tier that crosses the legal line. The first tier involves sending out a letter that uses neutral language to convince you to pay off a delinquent credit card or a personal loan account. If you ignore a letter sent by a third party debt collector such as Glass Mountain Capital, LLC, you can expect the company to follow up by calling you at home and at work.
Ignoring the phone calls made by a bill collector brings us to the third tier that often times crosses the legal line. A debt collection agency might become frustrated enough to start issuing threats. Another overly aggressive debt collection tactic is to contact a third party regarding your debt. Did Glass Mountain Capital, LLC contact a third party regarding your debt? If you answered yes, then the third party debt collector might have violated a provision of a nearly 50-year old consumer protection law.
The Illegality of Contacting a Third Party
Passed by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits dozens of previously legal debt collection practices, including the intimidating practice of issuing threats. For example, a bill collector is not allowed to threaten to seize your property or threaten to contact the IRS. The third party provision of the FDCPA outlaws the long lasting technique of contacting third parties regarding consumer debts.
The key phrase is “regarding consumer debts.” Glass Mountain Capital, LLC cannot contact a friend, a neighbor, or a family member to discuss anything about your delinquent debt. A representative from the debt collection agency cannot use words like “When is your brother going to take care of the debt” or “You might be on the hook for your spouse’s outstanding credit card balance.” There are a few exceptions to the third party provision of the FDCPA, which a licensed FDCPA attorney will explain to you during the first meeting. The FDCPA makes it clear third party debt collectors are permitted to contact one third party only one time. If a bill collector call a professional peer at work and then calls your father the next day, the company has violated the FDCPA.
Legal Remedies under the FDCPA
In addition to prohibiting a large number of debt collection tactics, the FDCPA also grants consumers the right to file a claim for one or more violations of the landmark consumer protection law. Your FDCPA lawyer will have to present evidence given by a third party that confirms Glass Mountain Capital, LLC contacted the third party. Evidence can come in the form of a tape recorded phone call or an email sent to the third party’s work email account. Proven violations of the FDCPA give consumers the right to seek statutory and/or monetary damages.
Speak with a FDCPA Lawyer
You cannot expect to win a legal battle with Glass Mountain Capital, LLC by fighting the battle alone. You need an experienced consumer protection attorney in your corner who has litigated FDCPA cases. Schedule a free initial consultation today to learn more about the powerful consumer protection law.
*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 Glass Mountain Capital, LLC or any other third-party collection agency, you may not be entitled to compensation.