Your extended family is sitting around the dinner table on a Sunday evening discussing the events that unfolded during the previous week. Suddenly, the conversation turns to one of your parents who took a phone call from a debt collection agency. The parent talks about the persistence of the third party debt collector, as well as the demand made by the bill collector for you to take care of a personal debt.
Stunned, you remain silent throughout the rest of the meal and eventually, you begin to feel an intense level of anxiety that adversely affects your personal and professional lives.
Because of the motivation of reaping incredible profit margins, many debt collection agencies stop at nothing when trying to recover outstanding credit card and personal loan balances. This means the implementation of overly aggressive debt collection tactics that include a bill collector such as Audit Systems, Inc. contacting a third party. Fortunately, consumers are protected by a landmark federal law that bans the practice of debt collection agencies contacting third parties.
The Illegality of Third Party Communication
Passed by the United States congress on September 20, 1977, the Fair Debt Collection Practices Act prohibits dozens of previously legal debt collection tactics. For example, a third party debt collector like Audit Systems, Inc. cannot call you between the hours of 9 pm and 8 am. Another provision of the FDCPA outlaws the practice of a bill collector contacting a third party regarding your debt.
The third party provision of the FDCPA is not a cut and dry ban of third party communication. In fact, the FDCPA clearly states that Audit Systems, Inc. is not allowed to contact a third party to discuss any aspect of your debt. The bill collector cannot force a third party to discuss why you fell behind on your debt obligation. In addition, a debt collection agency cannot demand that a third party help resolve a delinquent credit card or personal loan account. The key is discussing your debt, as a debt collector is permitted to contact a third party under special circumstances.
Other Third Party Violations of the FDCPA
Under the FDCPA, Audit Systems, Inc. is forbidden from contacting a friend, a family member, or a professional peer concerning your debt. The federal consumer protection law also makes it illegal for a debt collection agency to threaten a third party. Some third party debt collectors threaten to seize private property or threaten to contact the IRS unless a third party cooperates in settling a debt dispute.
Another illegal technique used by some bill collectors involves using deception to trick a third party into revealing more information than he or she is obligated to reveal. Deception can include impersonating a law enforcement official or demanding payment for a debt that has already been paid off.
Seek Legal Counsel to Address Violations of the FDCPA
The FDCPA clearly grants consumers the power to file a claim in civil court for one or more violations of the consumer protection law. However, you will not win a civil court claim unless you work with a licensed FDCPA attorney. Schedule a free initial consultation today to learn more about the third party provision of the FDCPA.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Audit Systems, Inc. or any other third-party collection agency, you may not be entitled to compensation.