Passed by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) grants consumers the right to fight back against debt collection agencies that use aggressive tactics to collect outstanding credit card and personal loan accounts.
However, the FDCPA does not prevent original creditors from contacting consumers at work. Let’s assume you have a delinquent Visa debt that a bank has handed over to Hunter Warfield, Inc. You can ask the third party debt collector to stop calling you at work, but Visa can continue to reach out to you at your job.
The FDCPA clearly defines the meaning of a bill collector: “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” Several Supreme Court rulings have validated the FDCPA meaning of a debt collector.
Effective Methods to Stop Phone Calls at Work
You can get a third party debt collector such as Hunter Warfield off your back at work by invoking the “reason to know” clause of the FDCPA. “Reason to know” means a bill collector understands your employer prohibits debt collection agencies from contacting employees at work.
Your employer does not have to get involved, as you can tell Hunter Warfield, Inc. directly about the company policy against bill collector phone calls made to workers on the job. On the job can mean an office cubicle landline or the cell phone a construction worker uses out in the field.
You can also send a formal cease and desist letter to hunter Warfield, Inc. to stop the workplace phone calls. The letter not only demands the end to all phone calls made by a debt collection agency, it also can mention one or more violations of the FDCPA.
By hiring a licensed consumer protection lawyer, you ensure a third party debt collector gets the message by including a sentence that states you will report illegal practices to the Federal Trade Commission (FTC) and your state Attorney General Office. Sometimes, letting a bill collector know you have hired an attorney is all it takes to make workplace phone calls stop.
Your attorney should check with the state statute of limitations for debt collections as well.
Are You Eligible for Monetary Damages?
Having to deal with illegal debt collection agency practices can lead to an assortment of physical issues. Stress and anxiety trigger severe migraine headaches, as well as increase blood pressure readings.
The long term physical implications of aggressive third party debt collector behavior can include suffering from an ulcer or worse, a heart attack. Fortunately, the FDCPA allows consumers to sue bill collectors like Hunter Warfield, Inc. for monetary damages.
Your FDCPA lawyer will present documented evidence that links physical distress with the illegal tactics implemented by a debt collection agency. Bolstering your case can include your lawyer calling one or more medical experts to the stand to verify your claims.
Make sure you receive every right granted by the FDCPA by speaking with an experienced consumer protection attorney.
*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 Hunter Warfield, Inc. or any other third-party collection agency, you may not be entitled to any compensation.