In a tough economy that has millions of people living from paycheck to paycheck, financial problems can strike with little warning. Job loss, illness, and costly setbacks like a divorce or property damage can leave you with little left over to pay off your credit cards, student loans, and other obligations.
When too many payments are missed, your accounts will eventually be sent to third-party collection agencies, who are not always professional or ethical in their collection methods.
Your Rights Under the FDCPA
Prior to 1977, abusive debt collectors were so prevalent that Congress passed the Fair Debt Collection Practices Act, or FDCPA, to protect consumers from their tactics. This consumer protection law prohibits acts like the following:
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Cursing, yelling, and calling you names
- Demanding amounts not supported by law or the original creditor agreement
- Failing to identify themselves as debt collectors trying to collect a debt
- Using constant phone calls to annoy or harass you
- Threatening legal action they cannot take or have no intention of taking
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Alleged Violations against NCC Business Services, Inc.*
For some debt collectors, the FDCPA is a restrictive nuisance to be circumvented whenever possible. NCC Business Services, Inc. is a collection agency located in Jacksonville, Florida.
It was established in 1986, has a staff of 100 to 249 employees, and is a member of the Association of Credit and Collections Professionals. Records retained by the PACER (Public Access to Court Electronic Records) website indicate that NCC Business Services, Inc. has been accused of collecting debts in ways that violate the FDCPA.
In or around 2012, a New Jersey resident started getting collection calls from NCC Business Services, Inc. He later claimed that the agency would call up to four times a day and leave messages on his parents’ voicemail, although he never gave them permission to contact him that way.
On another occasion the plaintiff spoke to a collector who allegedly said in sarcastic tones, “You told me the other day that you didn’t want this to affect your credit.”
When he replied that he and his fiancee were unemployed and could not afford to pay, the agent allegedly retorted, “Now you’re lying to me, claiming that you want to pay and now you really don’t.”
When the plaintiff said he would try to borrow money from his fiancee’s mother, the agent allegedly demanded her number and said, “We’ll call her now.” NCC Business Services, Inc. also allegedly called his fiancee repeatedly at her workplace.
The plaintiff finally hired a consumer attorney and sued North American Collectors, Inc. for the following alleged FDCPA violations:
- Contacting third parties for purposes other than debtor location
- Engaging in harassing and abusive conduct
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
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Additional Resources
The phone numbers for NCC Business Services, Inc. are 1-904-733-3033 and 1-888-880-6020. If you see either number on your caller ID, be aware that a debt collector is attempting to contact you.
If the agency representatives discuss your debt with uninvolved third parties and use threatening, abusive language, contact a consumer attorney.
They can deal with NCC Business Services, Inc. on your behalf and help you assert your rights in court. You could potentially receive $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages, making the company’s decision to harass you an expensive misstep
*Case taken from PACER (www.pacer.gov). File number is 1:12-cv-01958-NLH-KMW, from United States District Court, District of New Jersey.
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Additional Resources
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 NCC Business Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.