You have gotten used to the phone calls left on your home answering machine by a debt collection agency. You never return the phone calls nor do you ever pick up the phone to resolve the outstanding consumer debt in question.
Ignoring a third party debt collector such as National Commercial Services, Inc. is not a good idea.
With bill collectors making huge profits collecting delinquent debts purchased from original creditors, contacting consumers at work is not farfetched strategy. In fact, there is not a federal law on the books that prevents debt collection agencies from calling consumers at work.
However, there is a federal law on the books that offers you several ways to make the work phone calls stop.
How to Get National Commercial Services off Your Back
Passed by the United States Congress in 1977, the groundbreaking Fair Debt Collection Practices Act (FDCPA) leveled the playing field between consumers and bill collectors. Not only does the FDCPA outlaw aggressive debt collection practices, it also forbids third party debt collectors from calling consumers between 9 pm and 8 am.
In addition, the FDCPA allows consumers to stop bill collector phone calls both at home and at work. For work phone calls, you refer to the “reason to know” clause written into the FDCPA.
“Reason to know” states your employer prohibits debt collection agency phone calls at work and the agency should understand the company policy.
Just by telling National Commercial Services, Inc. that you have hired a licensed consumer protection attorney, you might see the third party debt collector become more agreeable to a debt settlement.
Your lawyer can also send a formal notice to the bill collector that it can expect legal action for violating one or more provisions of the FDCPA.
Another smart method to implement that typically ends work phone calls placed by a debt collection agency is to inform the agency your lawyer plans to contact the Federal Trade Commission (FTC) and your state Attorney General Office to file two separate complaints.
Are You Eligible to Receive Monetary Damages?
Congress enacted the FDCPA primarily to make it illegal for bill collectors to harass consumers. Another benefit for consumers is the right to seek financial compensation for one or more violations of the landmark federal consumer protection law.
The FDCPA allows consumers to file a lawsuit seeking monetary damages for physical and emotional distress, as well as for the recovery of lost wages caused by aggressive debt collection agency tactics.
You can also recover the wages garnished by a debt collection agency to pay off a delinquent credit card or personal loan account.
If you win your FDCPA case, the court might also award you monetary damages to cover attorney fees. Litigating a FDCPA case can take several months and with legal bills piling up, receiving compensation to pay your attorney is a great motivator to win your case.
The FDCPA grants what is called statutory damages, which is a one-time penalty imposed on third party debt collectors for violating the FDCPA.
Make sure the FDCPA works for you by speaking with an experienced consumer protection lawyer.
Additional Resources
*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 National Commercial Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.