There are few things in life as stressful as having to deal with a debt collection agency harassing you. From sending threatening letters to impersonating an IRS agent, a third party debt collector is capable of turning your world upside down.
To make matters even more stressful, a third party debt collector like SIMM Associates, Inc. has started leaving your voicemails, some of which other members of your family have heard. You have the right to stop the intimidating voicemails by invoking one or more provisions of a monumental federal consumer protection law.
How Federal Consumer Law Addresses Voicemails
Before September 20, 1977, American consumers were at the mercy of unethical bill collectors that stopped at nothing when trying to recover delinquent credit card and personal loan balances. Enacted by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) established legal boundaries concerning the behavior of debt collection agencies.
The landmark consumer protection law makes it illegal to implement overly aggressive debt collection techniques, such as calling consumers at odd hours of the day. Consumers have the right to fight back against bill collectors by filing a claim in civil court.
One provision of the FDCPA bans the longstanding practice of contacting third parties in regards to outstanding consumer debts. Although the FDCPA does not prohibit the practice of leaving voicemails, a licensed FDCPA lawyer will use the third party provision of the FDCPA to file a claim or send a cease and desist notice. It is difficult for a bill collector to leave a voicemail and not have the voicemail heard by at least one third party.
For example, you receive voicemails at work from a third party debt collector that ended up on the main line located at the receptionist desk. The receptionist played back the voicemails and heard the one left by a bill collector. According to the FDCPA, that might be a violation of the third party provision.
Illegal Actions Heard on Voicemail
If you cannot prove a debt collection agency left a voicemail for a third party to hear, there are several other ways to invoke one or more provisions of the FDCPA. A representative from SIMM Associates, Inc. might have left a voicemail that is time stamped after nine at night and before eight in the morning.
According to the FDCPA, debt collection agencies are allowed to call consumers only between the hours of 8 am and 9 pm. You might retrieve your cell phone messages one day and hear a threatening voicemail left by a third party debt collector. The next phone call you make should be to an experienced FDCPA attorney.
A FDCPA Lawyer Can Help You Fight Back
Many bill collectors bank on consumers cowering because of the threat of legal action. The FDCPA prohibits threats to take legal action and if you receive a threat from SIMM Associates, Inc. you should schedule a free initial consultation with a highly rated consumer protection attorney. Your attorney will consider several courses of action, including invoking the statute of limitations for debt collections as stipulated by your state.
*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 SIMM Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.