When we dig a financial hole, we typically keep the stressful problem to ourselves. Having other people find out about our financial woes triggers considerable shame and embarrassment.
Shame and embarrassment are what many debt collection agencies want consumers to feel. Both feelings represent powerful coercion tools that motivate consumers into paying off outstanding credit card and personal loan balances.
How do third party debt collectors shame consumers into taking care of personal debts? The most effective way is to contact a third party and discuss the debt. However, a historically significant consumer protection law outlaws the practice of contacting third parties to discuss consumer debts.
When Can NCB Management Services, Inc. Contact a Third Party?
Violating the third party provision of the FDCPA can occur under several circumstances. A third party debt collector might call a family member to let him or her know the debt exists.
The bill collector is counting on the family member to apply pressure on the consumer who owes money on the delinquent credit card or personal loan account.
Another violation of the FDCPA involves a debt collection agency requesting a third party pay off your consumer debt. According to the FDCPA, a third party debt collector cannot discuss any of the terms associated with the debt in question.
Nonetheless, the FDCPA allows a third party debt collector to reach out to a friend or a family member one time to acquire your contact information. The contact information must be for your home address and phone number, not the address and phone number where you work.
If someone has cosigned a credit card or a personal loan application, a bill collector can contact the co-signee to discuss your debt. For example, if you has a parent co-sign a car loan, NCB Management Services, Inc. has the right to contact the parent and discuss the car loan.
How to Handle Third Party Violations
If a debt collection agency has contacted a third party regarding your debt, the first thing you need to do is speak with a licensed consumer protection lawyer who specializes in litigating FDCPA cases.
Your attorney will conduct a comprehensive investigation that includes holding an interview with the third party. In addition, your FDCPA lawyer will determine how to proceed with your case. He or she might decide to file a claim against NCM Management Services, Inc. for one or more violations of the FDCPA.
Filing a lawsuit against a bill collector can result in the judge presiding over the case to award you statutory and/or monetary damages. Statutory damages, which are capped at $1,000, is a one-time penalty that covers every violation of the consumer protection law.
Monetary damages cover the cost of medical bills, which include the treatment of physical and emotional distress symptoms. You can also recover lost wages and the money garnished illegally from your paychecks.
Take Action Today
Waiting to fight back against an overly aggressive debt collection agency can cost you in the long run. Take action today by scheduling a free initial consultation with a consumer protection lawyer.
*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 NCB Management Services, Inc. or any other third-party collection agency, you may not be entitled to compensation.