The phone on your work desk rings, and you instinctively pick it up. After finding out who is on the other end of the line, you wish your instincts were not that sharp.
A representative from Advanced Capital Solutions, Inc. wants you to pay off an outstanding credit card account.
Before September 20, 1977, third party debt collectors such as Advanced Capital Solutions, Inc. were free to harass consumers into paying off delinquent credit card and personal loan balances. In response to consumer anger, the United States Congress enacted the landmark Fair Debt Collection Practices Act (FDCPA). The FDCPA contains dozens of provisions that prohibit certain debt collection practices. At the heart of the FDCPA is clear language defining the types of bill collector phone calls that are considered illegal. In addition, the FDCPA gives consumers the right to file claims seeking monetary damages for pain and suffering.
Phone Calls Banned by the FDCPA
Third party debt collectors like to make repeated phone calls to coerce consumers into paying off outstanding debts. According to the FDCPA, bill collectors are prohibited from using the repeated phone calls tactic, although a court has never decreed what exactly defines the word “repeated.” Your FDCPA lawyer will do everything in his or her legal power to define “repeated” to mean as few phone calls as legally possible.
If a bill collector harasses you at work by making repeated phone calls, the FDCPA grants you the right to invoke a legal clause referred to as “Right to know.” All you have to do is explain to Advanced Capital Solutions, Inc. that your employer forbids debt collection agencies from calling employees in the workplace. Your employer does not have to get involved for you to use the “Right to know” clause for getting Advanced Capital Solutions, Inc. off your back.
How to Stop Harassing Phone Calls
When you face a third party debt collector that pulls all of the stops to motivate you to take care of an outstanding debt, the time has come to team up with a licensed consumer protection attorney that specializes in litigating FDCPA cases. By simply informing a bill collector that you have legal representation, you might convince the debt collection agency to back off and stop harassing you. Your FDCPA lawyer will closely review the actions taken by Advanced Capital Solutions, Inc. to determine if you have a strong enough case to file a claim in civil court. If your attorney initiates a claim against a third party debt collector, you might qualify to receive monetary damages.
Are You Eligible for Monetary Damages?
The FDCPA offers consumers several options for seeking monetary damages for the pain and suffering caused by a bill collector. One of the possible awards handed out by a civil court is not about money as much as it is about getting a debt collection agency off your back. Injunctive relief is a decision issued by a civil court judge ordering a third party debt collector to stop harassing you. Although it does not directly involve money, injunctive relief saves you plenty of time and as we know, time is money. You should also seek financial compensation for all of your legal fees.
Speak with a FDCPA attorney today to stop the harassing phone calls made by a bill collector.
*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 Advanced Capital Solutions, Inc. or any other third-party collection agency, you may not be entitled to any compensation.