You arrive home one afternoon to find your family standing around the home landline. When you get closer to the phone, you realize they are listening to a voicemail left by a debt collection agency such as NCB Management Services, Inc.
Talk about embarrassing.
Voicemails left by third party debt collectors can cause considerable stress that spills over to impact our personal and professional lives negatively. The question remains: When can NCB Management Services, Inc. leave a voicemail?
How Consumer Protection Law Addresses Voicemails
In response to growing consumer anger, the United States Congress passed the revolutionary Fair Debt Collection Practices Act (FDCPA). The FDCPA bans dozens of previously acceptable debt collection techniques, with an emphasis on protecting consumers against bill collectors that use intimidation to coerce consumers into paying off personal debts. Under the FDCPA, you have the right to file a lawsuit against an unlawful debt collection agency. Your lawsuit can seek both statutory and monetary damages for one or more violations of the FDCPA.
How does the FDCPA deal with the voicemails left by third party debt collectors? The answer lies within the provision that makes it illegal for bill collectors to contact third parties in regards to outstanding credit card and personal loan accounts. In our family around the phone example, the debt collection agency that left the voicemail violated the FDCPA because it contacted third parties concerning your personal debt. Although the contact was not intentional, it was contact nonetheless, which is a violation of the groundbreaking federal consumer protection law.
What Other Violations Can Be Committed Through Voicemails?
According to the FDCPA, a debt collection agency like NCB Management Services, Inc. can commit several violations of the consumer protection law by leaving a voicemail. The FDCPA prohibits the use of deception, which can include impersonating an IRS or a law enforcement official. A third party debt collector is forbidden from leaving a voicemail between the hours of 9 pm and 8 am. In addition, you do not have to allow a third party debt collector to leave repeated voicemails throughout the day. If a bill collector has violated one or more provisions of the FDCPA by leaving illegal voicemails, you should contact a licensed FDCPA lawyer to learn more about your federal consumer protection rights.
How a FDCPA Attorney Can Help
Your FDCPA lawyer has several legal options for dealing with the voicemails left by NCB Management Services, Inc. If the voicemails caused you physical and/or emotional distress, your consumer protection attorney might decide to file a claim seeking monetary damages to cover costs like lost wages and medical bills. Another way to end the voicemails left by a third party debt collector involves your FDCPA lawyer negotiating a debt settlement.
Your FDCPA attorney will determine how much you can afford to pay each month, as well as how many months you have to pay back a delinquent credit card or a personal loan balance. Reaching a debt settlement not only takes care of an outstanding consumer debt, it can also remove a blemish from your credit report. Debt collection agencies hire accomplished attorneys to represent their interests. Make sure you enjoy the same legal expertise by scheduling a free initial consultation with an experienced FDCPA lawyer.
*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.