No one ever expects to find themselves in the position of being unable to pay their bills, but it happens. When debt collectors begin to go too far and start harassing you, they may be violating a federal consumer protection law. Read more to understand the full scope of your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that prohibits abusive and aggressive collection tactics. If a collection agency uses strategies like the following to scare or bully you into paying a debt, the FDCPA allows you to sue them.
- Calling you outside the hours of 8:00 a.m to 9:00 p.m. in your time zone
- Failing to report your dispute to the credit bureaus
- Cursing and swearing at you
- Claiming that you can go to prison for not paying a debt
- Demanding payment for a time-barred debt
- Saying that they will file a lawsuit immediately if you don’t pay
Company Profile: Southern Collection System
If you are being called by Southern Collection System, here are some additional company details.
Southern Collection System is a collection agency in Little Rock, Arkansas. It opened for business in 1981, employs a staff of 10, and is directed by B. Hackett. The company has an F rating with the Better Business Bureau.
Digitized records at the PACER (Public Access to Court Electronic Records) website confirm that consumers who believed that they were being harassed by Southern Collection System went to court to fight back.
Alleged Violations against Southern Collection System
According to PACER, on or around December 17, 2012, Southern Collection System contacted an Arkansas consumer to collect a debt.
He agreed to make a one time postdated payment on December 21, 2012, as that was his scheduled pay date, but the agency presented the postdated payment for deposit on December 17, causing it to be declined and his account to be overdrawn.
Feeling harassed by Southern Collection System, the consumer sued the company for the following violations:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone number for this debt collection agency is 1-501-225-3802. If it appears on your caller ID, be aware that you are being called by Southern Collection System.
If they cash a posteddated payment sooner than agreed and cause you financial harm, hire a consumer lawyer and file a claim against Southern Collection System. You could receive statutory damages of $1,000 per violation plus your legal costs, so don’t hesitate to protect yourself.
Case taken from PACER (pacer.gov). File number is Case 4:13-cv-00300-SWW from the United States District Court for the Eastern District of Arkansas, Pine Bluff Division.
*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 Southern Collection System or any other third-party collection agency, you may not be entitled to any compensation.