Money is a powerful motivator, but perhaps no other motivator is stronger than the incentive for a debt collection agency to pursue a delinquent consumer debt. A third party debt collector has two options for making a profit by chasing you down over a credit card or personal loan balance.
First, it can receive compensation from the original creditor. The more lucrative way to make money collecting debts is to purchase outstanding consumer credit accounts for just a fraction of what is owed on the accounts.
Motivated by tremendous profits, many third party debt collectors cross the legal line by making harassing phone calls to consumers. According to a consumer protection law enacted in 1977, bill collectors are prohibited from using harassment as a tool to collect consumer debts.
The groundbreaking federal law also gives consumer the right to seek monetary damages for the pain and suffering caused by debt collection agencies.
What is Phone Harassment as Defined by the FDCPA?
A majority of the banned debt collection acts listed in the FDCPA can be performed by using the almighty telephone. However, the FDCPA emphasizes two forms of phone harassment that consumer need to address.
First, a third party debt collector like NCB Management Services, Inc. is prohibited from making repeated phone calls to consumers. Although the word “repeated” is not defined by the FDCPA, your FDCPA attorney will work hard to make the word mean “as few phone calls as possible.”
The second common way bill collectors harass consumer over the phone is to call at odd hours of the day. According to the FDCPA, it is illegal for a debt collection agency to call you any time between 9 pm and 8 am.
If you have received harassing phone calls from NCB Management Services, Inc. outside of the permitted 13-hour window, you need to speak with a licensed FDCPA lawyer to make the phone calls stop.
Cease and Desist Notice is a Powerful Tool
Under the FDCPA, you have the right to send NCB Management Services, Inc. a formal cease and desist letter. However, you should consider working with an experienced FDCPA attorney to ensure the formal cease and desist notice does not include emotionally charged language.
Getting personal with the third party debt collector will not end the phone calls, but instead, motivate NCB Management Services, Inc. to come after you harder. Have your lawyer draft and send the cease and desist notice to produce the most positive legal effect.
Do You Qualify for Monetary Damages?
One of the most compelling reasons for hiring a FDCPA attorney is to determine whether you qualify for monetary damages. At the very least, the FDCPA gives consumers the right to seek a one-time financial award up to $1,000.
Called statutory damages, the award applies to all of the FDCPA violations, not for each violation of the important federal consumer protection law. If your FDCPA lawyer can prove phone harassment by a bill collector triggered physical and/or emotional issues, you might be eligible to receive more money from NCB Management Services, Inc.
Never allow a third party debt collector to push you around. Speak with a highly rated FDCPA attorney to learn more about how the consumer protection law prohibits harassing phone calls.
*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 NCB Management Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.