Debt collector harassment can impact your life on multiple levels. When you get angry and demanding calls at night and at work, it causes fear, anger, stress, and anxiety. If a debt collector has sworn at you, threatened you with arrest or wage garnishment, or treated you unfairly in other ways, they are breaking the law and you can take action.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that protects you from being victimized by unethical debt collectors. In addition to giving you the right to dispute a debt, the law allows you to sue a collection agency that treats you in ways like the following:
- Harassing you over a debt that you never incurred
- Calling you at work even after you tell them that your boss does not allow it
- Threatening to garnish your wages or send you to prison
- Calling you rude and obscene names
- Pretending to be attorneys or members of law enforcement
- Talking about the debt with your friends, family, and neighbors
Company Profile: Electromedical Associates, Inc.
If you are being called by Electromedical Associates, Inc., here is a general overview of the company.
Electromedical Associates, Inc., which also does business as EMA, Inc. and Eastcoast Management Associates, is a debt collection agency located in Amherst, New Hampshire. It was founded in 1999, has four employees, and is managed by its President, Michael Daly.
According to the company website, it specializes in collecting debt for hospitals and doctors’ offices. The PACER website holds litigation records confirming that consumers who believed they were being harassed by Electromedical Associates, Inc. sued for compensation.
Alleged Violations against Electromedical Associates, Inc.
According to PACER, on or around June 24, 2014, Electromedical Associates, Inc. sent a collection letter to a New Hampshire consumer regarding a medical debt. This letter made the following statements:
- "Your account has been assigned to this office for immediate payment." (emphasis added)
- "This is a demand for payment in full at this time"
- "If your account balance has not been satisfied within 30 days from the date of this letter, further follow-up activity will result."
The letter appeared to overshadow the consumer's right to dispute the validity of the debt within thirty days of receipt of the letter.
Feeling harassed by Electromedical Associates, Inc., she filed an FDCPA lawsuit against the company for allegedly:
- Demanding immediate payment during a dispute period
- Using false, deceptive, and misleading means to collect a debt
- Threatening to take action that cannot legally be taken
The matter was later resolved.
Hire a Consumer Lawyer
The phone numbers for Electromedical Associates, Inc. are:
When they appear on your caller ID, it means that Electromedical Associates, Inc. is on the line. If they send a collection letter that appears to override your dispute rights by demanding immediate payment, hire a consumer lawyer and file a claim against Electromedical Associates, Inc.
If the court rules in your favor, the company could be ordered to pay you $1,000 in statutory damages per FDCPA violation, so don’t let a collection agency frighten you into inaction.
Case taken from PACER (pacer.gov). File number is Case 1:15-cv-00233-LM from the United States District Court for the District of New Hampshire.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Electromedical Associates, Inc., or any other third-party collection agency, you may not be entitled to any compensation.