After a long day running errands, you come home late afternoon to find your landline voicemail system lit up like a winter holiday display at Macy’s. You play back the messages and you are stunned to find out virtually every message is from the same debt collection agency.
Not only has the company repeatedly called you, a representative from the third party debt collector has threatened you with a lawsuit as well. Did McCarthy Burgess & Wolff threaten you? If the company did threaten you, there is a powerful federal consumer protection law that can help you fight back.
About McCarthy Burgess & Wolff
As a multiple location business, McCarthy Burgess & Wolff has a presence over a large portion of the United States. The Cleveland-based debt collection agency has a wide variety of clients ranging from businesses in the bank card industry to companies that provide emergency loans for customers.
Operating as a corporation, McCarthy Burgess & Wolff has conducted business for nearly 40 years.
Federal Consumer Protection Law Bans Threats
For decades leading up to 1977, many debt collection agencies used intimidating debt collection tactic to force consumers to pay off credit card and personal loan accounts. On September 20, 1977, the United States Congress overwhelmingly approved passage of the Fair Debt Collection Practices Act (FDCPA).
Under the FDCPA, a debt collection agency such as McCarthy Burgess & Wolff is prohibited from issuing threats of any kind. McCarthy Burgess & Wolff cannot threaten you with a lawsuit. Although the company is completely within its rights to file a claim, it is not allowed to threaten you with the filing of a lawsuit.
The third party debt collector is forbidden from even hinting at using violence as a tactic to encourage you to take care of a personal debt. In addition, McCarthy Burgess & Wolff must refrain from threatening to contact a relative to embarrass you into settling a delinquent credit card or personal loan balance.
How to Handle the Threats Issued by a Bill Collector
In the example we used at the start of this article, the debt collector leaving the voicemails violated three provisions of the FDCPA. First, the company made repeated phone calls.
Second, the debt collection agency left a voicemail, which can be interpreted as an attempt to contact a third party regarding your debt. Finally, by leaving a message that included a threat, the third party debt collector completed the trifecta of FDCPA violations.
Since you have a tape recorded version of the phone calls, you have plenty of evidence to hand over to a licensed FDCPA attorney. Just make sure you live in a one-party consent tape, before giving the tape recorded message to your attorney.
Your lawyer can seek injunctive relief from a civil court judge or instead, send a formal cease and desist notice to McCarthy Burges & Wolff to end all forms of communication.
Why Working with an FDCPA Lawyer is Important
Fighting back against a bill collector by yourself is a recipe for failure. McCarthy Burgess & Wolff will have a team of accomplished litigators on its side, which means you should reach out to an experienced FDCPA attorney to balance the scale of judges.
Most consumer protection attorneys schedule free initial consultations with clients to get the legal ball rolling.
- Where to Report a Violation by McCarthy, Burgess & Wolff
- What To Do If McCarthy, Burgess & Wolff Is Threatening Legal Action
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against McCarthy Burgess & Wolff, or any other third-party collection agency, you may not be entitled to compensation.