Running up debt can lead to a financial crisis, especially when the debt involves costly medical bills. Treating and rehabilitating a serious illness or an injury typically costs thousands of dollars, with at least some of the costs not covered by health insurance.
Because of the high financial stakes, debt collection agencies that specialize in collecting outstanding medical bills stop at nothing to collect everything owed on an account.
If Medical Financial Solutions contacted you and the company used overly aggressive debt collection tactics, you might have enough of a case to file a claim against the third party debt collector.
Enacted by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits dozens of previously legal debt collection practices. For example, Medical Financial Solutions cannot threaten to take away your property for liquidation into cash.
The company is also forbidden from trying to collect the balance on an outstanding credit card or personal loan account that you have already paid off. The FDCPA addresses less aggressive, but just as invasive debt collection techniques that include a company contacting a third party regarding your debt.
Who Can a Debt Collection Agency Contact?
The third party provision of the FDCPA makes it illegal for a debt collector to discuss your debt with a friend, a neighbor, a family member, or a professional colleague.
Medical Financial Services cannot let a third party know how deep of a financial hole you are in, as well as demand payment for your debt from a third party. Outlawing any discussions with a third party concerning your debt does not mean a bill collector cannot contact someone you know.
Under the FDCPA, Medical Financial Solutions has three legal ways to contact a third party.
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First, the company can contact a third party to request your contact information.
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Second, a debt collection agency is within its legal rights to contact a third party who has co-signed a credit card or a personal loan application.
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Finally, Medical Financial Solutions can contact a third party regarding your debt, if you gave the company permission to call or send a letter. However, proving you gave a debt collection agency permission to contact a third party is difficult to do.
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How the FDCPA Protects Consumers
The FDCPA offers consumers the opportunity to make third party debt collectors pay for violating one or more provisions of the monumental federal consumer protection law. You have the right to file a claim in civil court seeking statutory and/or monetary damages.
The FDCPA limits one-time statutory damages to no more than $1,000, while the consumer protection law does not place a cap on the amount of monetary damages. Your FDCPA attorney might discover the statute of limitations for debt collection efforts set by your state has expired.
The statute of limitations, which can run between two and six years, typically begins on the last day there was activity on the account in question.
Schedule a free initial consultation today with an experienced FDCPA lawyer to determine how to proceed with your case.
Additional Resources
*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 Medical Financial Solutions or any other third-party collection agency, you may not be entitled to compensation.