The first phone call from a debt collection agency such as Commonwealth Financial did not bother you. However, a flurry of phone calls coming in at all times of the day triggered a considerable amount of anxiety.
Does Commonwealth Financial have to follow a set of laws governing third party debt collector phone calls? According to a monumental federal consumer protection law, the answer is a resounding yes.
Type of Harassing Phone Calls
One of the things bill collectors bank on is for consumers to be left in the dark when it comes to knowing their federal and state consumer protection rights.
Did you know Commonwealth Financial is restricted to calling you between the hours of 8 am and 9 pm? Any phone calls made by the third party debt collector to your home between 9 pm and 8 am is considered violations of the Fair Debt Collection Practices Act (FDCPA).
Bill collectors are also prohibited from using the phone as a method for intimidating consumers. For example, a bill collector is allowed to call you at noon, but the company cannot issue a threat because you owe money on an outstanding credit card or personal loan account.
Be aware that sometimes, a debt collection agency might make a mistake by calling you one time after 9 pm and before 8 am. The mistake could arise from not referring to your time zone or the company simply forgot about the phone call provision written into the FDCPA.
All you have to do is remind the debt collection agency about the FDCPA and if the phone calls continue, you should contact a licensed consumer protection lawyer to determine the best course of legal action.
How to Stop Harassing Phone Calls Made by Commonwealth Financial
If you cringe every time the phone rings at home or worse, you just want to run away and forget about the whole delinquent debt thing, the time has come to take action to make the phone calls stop. You have the right under the FDCPA to send a third party debt collector a written cease and desist notice demanding all of the phone calls end.
The key to writing an effective cease and desist letter is to involve a FDCPA attorney in the process. He or she will make sure to use neutral language that does not provoke the bill collector to come after you harder. The cease and desist letter will also include language informing Commonwealth Financial about the illegality of the company’s actions.
Are You Eligible to Receive Monetary Damages?
One of the most powerful provisions of the FDCPA grants consumers the right to seek monetary damages for the pain and suffering caused by bill collectors. To gain the approval of a judge, you have to prove a connection between your pain and the actions taken by a debt collection agency.
This is where a FDCPA lawyer really comes in handy, as he or she will present evidence proving the link. If you cannot prove a connection, you are still eligible to receive statutory damages up to $1,000 for the entire number of FDCPA violations, not $1,000 for each violation.
Speak with an experienced FDCPA lawyer today to stop the phone calls made to you by Commonwealth Financial.
*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 Commonwealth Financial or any other third-party collection agency, you may not be entitled to any compensation.