For decades leading up to 1977, many debt collection agencies resorted to heavy handed tactics in dealing with consumers that fell into considerable debt. Even with the passage of a groundbreaking consumer protection law, third party debt collectors began leveraging technology by leaving voicemails on consumer answering machines. It took a few years for the legal community to catch up to the illegal debt collection practice of leaving voicemails.
Enacted on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for third party debt collectors to engage in actions that were once considered legally acceptable. The FDCPA contains several provisions that prohibit certain actions made over the phone. For example, it is illegal for a bill collector like Credence Resources Management, LLC to call you anywhere between the hours of 9 pm and 8 am.
The federal consumer protection law also prohibits debt collection agencies from making frequent phone calls in attempts to harass consumers. If Credence Resources Management, LLC has violated one or more provisions written into the FDCPA, you should speak with a licensed consumer lawyer who handles FDCPA cases.
Does Leaving Voicemails Violate the FDCPA?
Is leaving a voicemail the same thing as having a bill collector speak with you over the phone? In terms of the FDCPA, the United States Congress addressed the issue of voicemails indirectly by referring consumers to a provision that outlaws phone calls made to third parties. Credence Resources Management, LLC is not allowed to contact anyone else concerning a debt. By leaving a voicemail, the debt collection agency is leaving a message for anyone who listens to the message.
You can be hundreds of miles away from your home on business when a third party debt collector calls, which means one or more family members will hear the message. Although Credence Resources Management, LLC did not leave the voicemail for the members of your family to hear, the company still violated the FDCPA by contacting a third party about your outstanding credit card or personal loan account.
How a Bill Collector Can Violate the FDCPA by Leaving Voicemails
You have other ways besides invoking the third party provision of the FDCPA to fight back against an unethical debt collection agency. If a third party debt collector leaves a voicemail after nine in the evening and before eight in the morning, you should contact an experienced FDCPA lawyer to determine how to proceed. The same principle applies to the repeated voice messages left by a bill collector. With the voicemails recorded, you have enough physical evidence for your FDCPA attorney to decide whether to file a lawsuit in civil court.
Fight Back against Credence Resources Management, LLC
A debt collection agency such as Credence Resources Management, Inc. will have a highly skilled legal team representing the company. You need to balance the scale of justice by scheduling a free initial consultation with a FDCPA attorney. Your lawyer might decide to file a claim against the third party debt collector or explore another legal option that includes sending Credence Resources Management, LLC a formal cease and desist 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 Credence Resources Management, LLC or any other third-party collection agency, you may not be entitled to any compensation.