The Federal Trade Commission passed the Fair Debt Collection Practices Act (FDCPA) stop the abuse from collection agencies, because many allegedly use deception and harassment to get their money back. Most companies buy debts, and they don’t want to lost out
After contacting you the first time, the debt collection agency must send you a collection letter within five days detailing the original creditor and what to do if you think it’s an error. Possible violations of the FDCPA include:
- Harassment, rudeness, or obscenity.
- Calling you before 8:00 a.m. or after 9:00 p.m. or while your at work without your permission.
- Calling you or after you’ve sent a written request to stop.
- Harassing friends and family members or telling them details of your debt.
- Lying about their identity—as a whole or individual.
- Falsifying the amount you owe or the debt all together
- Threatening legal action they can’t take or don’t intend to take.
First Source Advantage has been around for almost 40 years and boasts almost 1,200 employees. It is an international company with offices in Amherst, New York, Mumbai, India, London, Louisville, Kentucky, Sri Lanka, and the Philippines. First Source often works will larger, big name companies, including eight of the top US credit card providers.
Laws First Source Advantage Has Been Accused of Breaking*
First Source Advantage is accredited with the Better Business Bureau, but they have received over 100 complaints in the last few years.
The agency has received complaints for allegedly:
- Contacting family members and friends and giving out personal information.
- Attempting to collect debts that were already paid.
- Lying about debts that were already paid to them and not reporting payment to the original creditor.
- Refusing to stop contact after a request.
- Being rude, using obscene language, and other forms of verbal harassment.
- Threatening to remove money from bank accounts without authorization.
- Calling at a consumer’s place of work
- Calling at unreasonable times
- Attempting to collecting debts that don’t exist or trying to force consumers to pay debts they don’t owe.
- Collecting up-front fees
What to Do if First Source Advantage is Trying to Collect a Debt from You
You have rights under the FDCPA. You need to send a request in writing if you want the company to stop contacting you. After First Source has received the request, record the time and date of every phone call or letter you get, because it could be a violation. Just remember that ceasing contact will not cancel a debt owed.
There are two exceptions to the stop contact request. First Source is allowed to tell you they won’t be calling you again or they will take action against you. This is often when they will summon you to court.
During a trial, a judge could possibly declare you guilty and impose financial punishments, such as garnishing your wages, freezing your bank accounts, or forcing your bank to pay with your money without your authorization. To fight this, don’t ever ignore a summons. If you don’t show up, the case will automatically be defaulted.
A lawyer can defend you in court, uphold your rights, and get you the money you deserve. For violations of the FDCPA, you could receive up to $1,000 each. As soon as feel First Source is abusing your or violating your rights, contact a FDCPA attorney. An attorney will go through your evidence, help you gather new evidence, guide you, and defend you in a court of law.
*According to customer complaints on the Better Business Bureau and Consumer Affairs websites.
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 First Source or any other third-party collection agency, you may not be entitled to any compensation.