Having to deal with a debt collection agency leaving voicemails can cause considerable stress and anxiety. You feel helpless against the unrelenting messages that are left at odd hours of the day. How do you address phone voicemails? Is there a legal remedy that protects your rights as a consumer?
Under a groundbreaking federal consumer protection law, you can make the voicemails left by a third party debt collector go away.
How the Fair Debt Collection Practices Act Protects Consumers
For decades leading up to 1977, American consumers had little, if any legal recourse to fight back against the overly aggressive and sometimes criminal debt collection techniques used by bill collectors. On September 20, 1977, the United States Congress passed the historic Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, debt collection agencies are barred from harassing and intimidating consumers into paying off outstanding credit card and personal loan accounts.
Are Voicemails Illegal under the FDCPA?
The United States Congress wrote the FDCPA primarily to address the underhanded tactics implemented by debt collection agencies over the phone. In 1977, voicemail systems were barely a blip on consumer radars, which means Congress did not include specific language within the FDCPA that forbids leaving voicemails. However, the FDCPA does include a provision that accomplished FDCPA lawyers refer to when litigating cases under the monumental consumer protection law.
According to the FDCPA, a third party debt collector is not allowed to contact third parties in regards to consumer debts. This means Professional Account Management, LLC cannot call or send a letter to any of your friends or family members. How does the third party provision of the FDCPA apply to voicemails? The answer is that by leaving a voicemail a bill collector is essentially reaching out to a third party, even though the company is not intentionally contacting a third party. Despite identifying itself, a bill collector is on the legal hook because it is almost impossible to leave a voicemail that no one else hears.
More Voicemail Violations
Simply hearing a voicemail left by Professional Account Management is reason enough to seek out the legal services of a licensed consumer protection attorney who specializes in handling FDCPA cases. Yet, you can present a slam dunk case in civil court when you prove the debt collection agency violated other provisions of the federal consumer protection law. For example, Professional Account Management, LLC violates the FDCPA if it leaves frequent voicemails between the hours of nine at night and eight in the morning. The FDCPA clearly makes it illegal for third party debt collectors to call consumers between 9 pm and 8 am. In addition, the FDCPA prohibits the annoying practice of leaving repeated phone calls. Your FDCPA attorney can use the FDCPA provision in regards to the voicemails left by Professional Account Management, LLC.
Never allow a debt collection agency push you around by leaving harassing voicemails on your home or work system. Schedule a free initial consultation with an experienced FDCPA attorney today to devise a strategy to fight back against the illegal debt collection tactics used by Professional Account Management, LLC.
*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 Professional Account Management, LLC or any other third-party collection agency, you may not be entitled to any compensation.