Debt collectors may begin to contact you if you are behind in paying your bills or have built up a large amount of debt. The Federal Trade Commission (FCA) enacted the Fair Debt Collection Practices Act (FDCPA) in the 1970s to make sure that these debt collectors do not use abusive, deceptive, or unfair methods to collect your debts. The FDCPA helps you by preventing debt collectors from harassing debtors, but also enables you to take legal action against them if your rights under this act have been violated.
Debt Recovery Solutions is a debt collection agency with one office based in the state of New York. With around 30 employees, they are a relatively small company.
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Laws Debt Recovery Solutions is Accused of Violating
According to Willamette Week**, in 2007, Debt Recovery Solutions was accused of violating an Oregon man’s rights under the FDCPA. The lawsuit accused the company of mistakenly identifying the man as responsible for an outstanding cellphone bill debt. They left him over 200 voicemail messages over the course of two years, which qualifies as phone harassment under FDCPA guidelines. Aside from alleged complaints, the company has a B rating with the BBB.
What to Do if Debt Recovery Solutions is Trying to Collect a Debt from You*
If you feel your rights under the FDCPA are being violated by Debt Recovery Solutions, you have the right to ask the company to stop contacting you. You may make either a verbal or written request, but sending the request as certified mail will act as proof that it was sent to them.
Once Debt Recovery Solutions has received your request, it is important that you make a record of every time they attempt to contact you going forward. Noting the date, time, and name of the representative of each call will be helpful if you eventually file a lawsuit.
It may also be wise to seek legal help from an FDCPA attorney. An attorney can help make sure you receive damages from Debt Recovery Solutions that you deserve when your rights under the FDCPA are violated. An FDCPA attorney will help you collect the evidence you will need for a lawsuit, determine how much money you deserve in damages, and can also help you file a lawsuit. You have the option of filing a claim against the agency in state court, with the FTC, with your state attorney general, or in small claims court. You may be entitled to up to $1,000 in damages, plus additional damages if you’ve suffered from the strain of dealing with debt collectors.
**Case taken from Willamette Week:
wweek.com/portland/article-7092-debt-recovery-solutions-llc.html
*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 Debt Recovery Solutions or any other third-party collection agency, you may not be entitled to any compensation.