Dealing with the stress of debt collectors callings you regularly is hard to take. It can negatively affect your health and it can lead to anxiety and depression. If the debt collector is leaving you voicemails you may feel very anxious and trapped. But, if that debt collector is leaving you voicemails at work or on a shared account they could be breaking the law which means that you could be entitled to damages.
The FDCPA Protects Consumers
Consumers do have some protection when it comes to debt collections. The Fair Debt Collection Practices Act, or the FDCPA, provides consumers with protections against being harassed or humiliated by debt collectors. Under this law debt collectors must follow certain rules in order to pursue a debt. If they break those rules they can be held liable and you can file a claim against them for damages and any losses that you incurred as a result of their actions, like getting money for lost wages if you lose your job because a debt collector wouldn’t stop calling you at work after you told them to stop.
The FDCPA Rules About Voicemails
Debt collectors who call you can leave voicemails, however the regulations specified in the FDCPA make it very difficult for debt collectors to obey the rules and leave voicemails, especially on your work voicemail. Under the FDCPA rules debt collectors must identify themselves, but they are not allowed to discuss your debt with any third party.
So, if a debt collector calls you on a phone line where your voicemail is accessible by a third party they cannot identity themselves without breaking that regulation. Since most work voicemail is accessible by you and your boss or your company it’s a violation of the FDCPA for a debt collector to leave voicemails for you at work.
Threats Or Intimidation
It’s also a violation of the FDCPA for debt collectors to leave you voicemails, at work or at home, that use threats or intimidation to try and get you to pay a debt. They cannot threaten to sue you, or make threats that law enforcement is going to come to your home or your work, or that you will go to jail for not paying the debt. If you receive threats or intimidating voicemail from a debt collector make sure that you save that voicemail because it’s important evidence if you decide to file a claim against that debt collector.
How An FDCPA Attorney Can Help You
If you have been receiving voicemails from Linebarger, Goggan, Blair & Sampson, LLP or if you think that debt collectors have violated the FDCPA by calling you after 9 PM or before 8 AM, or calling you at work, or leaving threatening voicemails, or if you are not sure if they have broken other rules of the FDCPA the best thing to do is talk to an attorney that specializes in the FDCPA.
An attorney that specializes in consumer protection can help you figure out if the debt collector calling you violated the law and they can help you file a claim for damages if you want to pursue a claim against that debt collector.
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*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 Linebarger, Goggan, Blair & Sampson, LLP or any other third-party collection agency, you may not be entitled to any compensation.