It started with several letters sent to your home by Recovery Solutions Group. The company used soft language in an attempt to convince you pay off a delinquent credit card balance. You ignored the letter and then the phone calls began to come at all hours of the day.
This time, the language used was a bit harsher and at times, it bordered on harassment. Finally, you came home one day to listen to dozens of voicemails left by the debt collection agency. When can Recovery Solutions Group leave a voicemail and more important, is the third party debt collector permitted to leave you a voicemail at all?
How Consumer Protection Law Addresses Voicemails
Responding to growing consumer discontent, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, a bill collector is forbidden from calling you repeatedly, as well as calling you between the hours of 9 pm and 8 am. However, the groundbreaking consumer protection law does not directly address the debt collection practice of leaving voicemails. The FDCPA does deal with voicemails in an indirect manner.
Tucked within the FDCPA is a provision that makes it illegal for debt collection agencies to contact third parties in regards to delinquent credit card and personal loan accounts. Contacting third parties is a powerful way for a debt collection agency to motivate consumers into taking care of debts.
The shame and embarrassment of having a friend or a family member know about your tough financial situation can lead to you paying off a debt that you might not really owe money on or you owe less than what the company demands. Many court decisions concerning voicemails refer to the third party provision of the FDCPA because it is difficult for a third party debt collector to leave a voicemail and not have the voicemail reach the hearing range of another person.
Invoking Other FDCPA Provisions
Let’s assume no one heard the voicemails left by Recovery Solutions Group? Have you lost the legal momentum to fight back against the bill collector? The answer is no because Recovery Solutions Group might have violated one or more other provisions of the FDCPA. For example, if the debt collection agency threaten you in any way on your home voicemail system, you can take the recorded messages to a consumer protection lawyer to determine the best course of legal action.
It is also unlawful for a third party debt collector to use abusive language while leaving a voicemail for you at home or at work. The use of abusive language is an attempt to apply intimidation to collect outstanding debts. You also should save every voicemail message from Recovery Solutions Group that has a time stamp after nine in the evening and before eight in the morning.
Get Legal Counsel to Fight Back against Recovery Solutions Group
The only way you will know if Recovery Solutions Group violated the FDCPA is by working with a licensed consumer protection lawyer. Most consumer protection attorneys offer a free initial consultation to determine the strength of client cases. Make sure to hand over any physical evidence you have that links Recovery Solutions Group with illegal voicemail tactics.
*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 Recovery Solutions Group or any other third-party collection agency, you may not be entitled to any compensation.