Falling behind on bills can generate a tremendous amount of stress and anxiety, which eventually can cause physical and/or emotional distress symptoms. If trying to dig out of a financial hole has you down, imagine what it will feel like when a debt collection agency such as SIMM Associates, Inc. contacts a third party regarding your debt.
Many third party debt collectors resort to implementing overly aggressive debt collection tactics to coerce consumers into paying off delinquent credit card and personal loan balances. If a bill collector has contacted a friend, a neighbor, a family member, or a professional peer concerning an outstanding debt, you should meet with a licensed consumer protection lawyer who has compiled an impressive record of winning cases involving a landmark federal consumer protection law.
Contacting a Third Party Violates the Law
In response to the incredible pressure from American consumers, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA) on September 20, 1977. Often referred to as the consumer Bill of Rights, the FDCPA outlaws dozens of previously valid debt collection tactics.
According to the FDCPA, it is illegal for SIMMS Associates, Inc. to use abusive language when trying to collect a delinquent credit card or a personal loan debt. The FDCPA also forbids bill collectors from discussing consumer debts with third parties.
The third party provision of the FDCPA clearly prohibits debt collection agencies from discussing consumer debts with other people. Discussing a consumer debt can include overt threats to sue over the debt, as well as a vague reference to add more interest on the outstanding account.
However, SIMMS Associates, Inc. is allowed to contact a third party to retrieve your contact information. The company can ask for your home address and phone number, but it cannot request your work contact information. In fact, if you tell the third party debt collector never to contact you or anyone else at work, the company is legally bound to honor your request.
Moving Forward with an FDCPA Case
If the illegal actions of a debt collection agency has caused you physical and/or emotional duress, the FDCPA grants you the right to file a claim to recover monetary damages. Physical distress symptoms can include suffering from a bleeding ulcer or a debilitating series of migraine headaches.
You will need to present medical documentation to your FDCPA attorney to deliver a compelling argument in a civil courtroom. Your FDCPA lawyer will also ask several medical experts to testify on your behalf as well. Proving the presence of emotional duress symptoms is tougher to do. Nonetheless, an experienced FDCPA attorney will know exactly how to proceed to ensure you present the strongest case possible.
Get Highly Rated Legal Representation
Having to deal with a debt collection agency contacting a third party regarding your debt can turn your personal and professional lives upside down. You will experience shame and embarrassment, which can diminish your productivity at work, as well as hamper the development of personal relationships.
Make sure you use all of the legal tools at your disposal by scheduling a free initial consultation 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 SIMM Associates, Inc. or any other third-party collection agency, you may not be entitled to compensation.