Despite a federal consumer protection law that prohibits numerous previously legal debt collection agencies, many debt collection agencies to continue to violate the law by coming hard after consumers. By far the primary motivator for third party debt collectors is money.
An original creditor can either pay a commission or sell a consumer debt to a bill collector. If a debt collection agency recovers 100% of the original debt, the company will make a significant profit.
One of the overly aggressive tactics used by debt collection agencies involves the technique of contacting third parties regarding consumer debts. By contacting a third party, Rash Curtis & Associates can shame you into paying off an outstanding credit card or a delinquent personal loan balance. A third party can be a friend, a neighbor, a family member, or a professional peer.
How a Federal Law Addresses Third Party Communication
On September 20, 1977, the United State Congress wrote into law the most influential consumer protection legislation ever introduced. Referred to as the ultimate consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) forbids overly aggressive debt collection techniques.
Examples of the harassing and intimidating tactics used by third party debt collectors include using abusive language and implementing deceptive debt collection practices. The FDCPA also bans the debt collection practice of bill collectors contacting third parties regarding consumer debts.
According to the FDCPA, Rash Curtis & Associates cannot contact a friend or a relative to discuss an outstanding debt. This means the debt collection agency cannot mention how much you owe and how far you have fallen behind on making payments. However, a third party debt collector can make one phone call that asks for your contact information.
The company that reaches out to a third party has the legal right to request your address, home phone number, and the email address you most frequently use. In addition, a bill collector can contact a third party if you grant permission to the company. Permission comes in the form of written correspondence, not a conversation that you have over the phone.
FDCPA Violations Cover Third Parties
Although the FDCPA focuses on protecting the rights of consumers, the monumental federal consumer protection law also protects the rights of third parties that are contacted by a debt collection agency. In essence, Rash Curtis & Associates must follow the same legal guidelines when contacting a third party that the company follows when it contacts you.
A third party debt collector cannot deceive a friend or a family member into revealing more information than the third party is legally required to reveal. The FDCPA does not allow bill collectors to threaten third parties as well.
After meeting with an FDCPA lawyer, the next step in the legal process might involve invoking the statute of limitations for collecting debts as established by the state where you live. The statute of limitations for debt collections typically begins on the last day there was any activity on a credit card or a personal loan account.
Be proactive when dealing with Rash Curtis & Associates. Schedule a free initial consultation today with an experienced FDCPA 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 Rash Curtis & Associates or any other third-party collection agency, you may not be entitled to compensation.