If you have amassed a debt, the corporation or company may hire a debt collection agency to contact you about the debt on their behalf.
Your Rights Under the FDCPA
To avoid the common practice of debt collection agencies using deceptive, abusive, or unfair methods when contacting debtors, the Federal Trade Commission
(FTC) created the Fair Debt Collection Practices Act (FDCPA) in the late 1970s.
This act ensures that debt collection agencies follow a certain set of fair and respectable guidelines when contacting debtors, and provides debtors with
the ability to take legal action against an agency if they feel as though it is violating their rights.
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Robert James and Associates is a small debt collection agency based out of Buffalo, New York. They employ about 40 debt collection agents. Robert James and
Associates is not accredited through the BBB, who gives the agency an F rating.
What to Do if Robert James and Associates is Trying to Collect a Debt from You
If you believe that Robert James and Associates has violated your rights, which are protected under the FDCPA, there are certain actions that you are able
to take. First, you have the right to request that the debt collection agency stops contacting you about the debt.
You can make this request either verbally or through writing. It is strongly recommended that you make a written request and send it as certified mail.
This is because the mail will act as proof that you made a request in case you do decide to pursue a lawsuit against Robert James and Associates.
When Robert James and Associates receives the request you made, they should stop contacting you about your debt. If the agency continues to contact you, it
is a good idea to make a record of every instance in which they call you about the debt. Keep a thorough record of each call, remembering to note the date,
time, and name of the call representative.
Keep in mind that under the FDCPA, each call that the agency makes after you request them to cease contact counts as a separate violation, and each
violation may earn you up to $1,000 each in damages.
As a final tip, you should consider finding an attorney who specializes in FDCPA violation cases. Having an attorney to help you through the process of
pursing legal action will ensure that the entire process runs smoothly and has a better chance of success.
An attorney will help you gather the evidence you need in a court of law as proof that Robert James and Associates violated your rights. They will also
help you determine a correct and fair amount of damages to demand in court.
If you do decide to file a claim against Robert James and Associates for violating your rights under the FDCPA, you can do so in small claims court, state
court, or even with the FTC or your state attorney general.
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 Robert James and Associates, or any other third-party collection agency, you may not be entitled to any compensation.
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