Are you behind on your monthly debts? If so, you may be contacted by a debt collector. While the law allows reasonable attempts to collect validated debts, there is a federal law in place to protect you from abusive collection practices.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects consumers from third-party debt collectors who would otherwise harass them nonstop. It restricts what these collection agencies can do to collect a debt, so actions like those below are prohibited.
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Telling you that you can be arrested for nonpayment of a debt
- Ignoring a formal cease communications request
- Refusing to validate the debt
- Calling you at work
- Using profane and obscene language
Company Profile: Ficka & Associates
If you are being called by Ficka & Associates, more information about the firm’s history and operations are below.
Ficka & Associates is a debt collection agency in Orlando, Florida. It opened for business in 2005, has 15 employees, and is managed by its President, William Ficka. Litigation records at the PACER website confirm that consumers who believed that they were being harassed by Ficka & Associates took measures to protect themselves from harassment.
Alleged Violations against Ficka & Associates*
According to information on the PACER website, in or around early 2009, Ficka & Associates started contacting an Arizona consumer to collect a debt. On June 20 and July 24, 2009, he disputed the debt via certified mail, but collectors allegedly kept calling. One of them allegedly yelled at the consumer and said, “You better retain a lawyer as well.”
Feeling harassed by Ficka & Associates, the consumer sued the agency for:
- Using harassing and abusive means to collect a debt
- Using false, deceptive, and misleading means to collect a debt
- Ignoring a written dispute
- Threatening legal action it did not intend to take
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for this debt collection law office are:
If any of them flash on your caller ID at any time of the day or night, Ficka & Associates is on the line. If they ignore your written dispute and use abusive language, hire a consumer lawyer and file a claim against Ficka & Associates. You could potentially win $1,000 per FDCPA violation plus court costs and reasonable attorney fees. The law is on your side when debt collectors cross the line.
*Case taken from PACER (www.pacer.gov). File number is Case 2:10-cv-00087-NVW from the United States District Court for the District of Arizona.
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 Ficka & Associates or any other third-party collection agency, you may not be entitled to any compensation.