Dealing with a letter sent by debt collection agency is bad enough. Taking phone calls from a third party debt collector at home and at work is worse. The most embarrassing situation is when a bill collector leaves a voicemail on your cell phone and/or your home landline. When can a debt collection agency such as Ad Astra Recovery Services, Inc. leave a voicemail?
If you have a licensed consumer protection attorney on your side, the answer should be never.
Voicemails and Consumer Protection Law
Before September 20, 1977, American consumers were at the legal mercy of unethical debt collection agencies that pushed hard to collect delinquent credit card and personal loan balances. Enacted by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for third party debt collectors to harass and intimidate consumers into taking care of personal debts. The FDCPA gives consumers the powerful right to recover money lost because of illegal debt collection tactics.
Although the FDCPA does not directly address the voicemails left by bill collectors, there is one provisions of the groundbreaking consumer protection law that accomplished FDCPA lawyers can apply in voicemails cases. Under the FDCPA, a debt collection agency like Ad Astra Recovery Services, Inc. is barred from contacting third parties concerning a debt you owe.
Unless you live in a cave, it is virtually impossible for a bill collector not to contact a third party by leaving a voicemail. The key for using the third party clause of the FDCPA to your advantage is by speaking with an experienced consumer protection attorney who has compiled a successful record of litigating FDCPA cases.
Are There Other Voicemail Violations of the FDCPA?
Ad Astra Recovery Services, Inc. does not have to just leave a voice message to violate one or more provisions of the FDCPA. The debt collection agency can commit several other violations of the historically significant consumer protection law. For example, a third party debt collector cannot leave a voicemail that threatens to seize your personal property for liquidation into cash.
In fact, bill collectors cannot leave threats of any kind on a voicemail. Another way Ad Astra Recovery Services, Inc. can violate the FDCPA is by leaving numerous voicemails on your home and work phones throughout the day. According to the FDCPA, it is illegal for bill collectors to make repeated phone calls to consumers. You need to hand over voicemails to your attorney to determine whether Ad Astra Recovery Services, Inc. violated one or more provisions of the FDCPA.
Work with a Highly Rated FDCPA Attorney
Only by working with a licensed FDCPA lawyer will you know if a debt collection agency has violated the landmark consumer protection law by leaving voicemails. Your attorney might decide to send a formal cease and desist letter that demands the end of all voicemails left by a third party debt collector.
Carefully crafted to avoid using emotionally charged language, a cease and desist letter should end all forms of communication with a bill collector. Your FDCPA attorney will send the formal cease and desist notice by certified mail to ensure the debt collection agency receives the notice.
*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 Ad Astra Recovery Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.