Accelerated Recovery Services Phone Harassment — Know Your Rights
If you're receiving persistent, unwanted calls from Accelerated Recovery Services, it's essential to understand your rights and take appropriate action. This article outlines what constitutes harassment, your legal protections, and steps you can take to stop these practices.
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What Constitutes Harassment by Accelerated Recovery Services
Debt collectors are permitted to contact you regarding outstanding debts, but harassment is illegal. Signs of harassment by Accelerated Recovery Services may include:
Repeated Calls: Calling multiple times a day or several days a week.
Inappropriate Hours: Contacting you before 8 a.m. or after 9 p.m. without your consent.
Threats: Threatening legal action, wage garnishment, or arrest without legal grounds.
Abusive Language: Using profane or abusive language during communication.
Failure to Validate Debt: Not providing written proof of the debt when requested.
Misrepresentation: Misstating the amount owed or the legal consequences of non-payment.
Disclosure to Third Parties: Sharing your debt information with family, friends, or employers.
Ignoring Cease Contact Requests: Continuing to contact you after you've requested them to stop.
If you're experiencing any of these behaviors, you may be a victim of debt collection harassment.
Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. If Accelerated Recovery Services is acting as a third-party debt collector, they must comply with the FDCPA, which prohibits:
Harassment: Engaging in conduct that harasses, oppresses, or abuses any person.
False Statements: Making false or misleading representations about the debt.
Unfair Practices: Using unfair or unconscionable means to collect or attempt to collect any debt.
Failure to Disclose: Not providing required information about the debt when asked.
If Accelerated Recovery Services violates any of these provisions, you may have grounds for legal action.
Steps to Take If You're Being Harassed
If you're facing harassment from Accelerated Recovery Services, consider the following steps:
Document Everything: Keep a detailed record of all communications, including dates, times, and the content of conversations.
Request Debt Validation: Send a written request asking for proof of the debt. They are required to provide this information.
Send a Cease and Desist Letter: Inform them in writing that you no longer wish to be contacted. After receiving this, they can only contact you to confirm receipt or to inform you of specific actions.
File Complaints: Report the harassment to the Consumer Financial Protection Bureau (CFP, your state attorney general, and the Federal Trade Commission (FTC).
Consult an Attorney: If the harassment continues, seek legal advice to explore your options for taking legal action.
Legal Actions and Remedies
If Accelerated Recovery Services' actions have violated your rights, you may be entitled to:
Statutory Damages: Up to $1,000 for FDCPA violations.
Actual Damages: Compensation for any actual harm suffered due to the harassment.
Attorney's Fees and Costs: In many cases, the collector may be required to pay your legal fees.
Additionally, if they have made illegal robocalls, you may be entitled to between $500 and $1,500 per call under the Telephone Consumer Protection Act (TCPA).
Conclusion
You do not have to endure Accelerated Recovery Services phone harassment. The law provides protections against abusive debt collection practices. By understanding your rights and taking appropriate action, you can stop the harassment and seek compensation for any damages suffered.
If you need assistance, consider contacting a consumer rights attorney to discuss your situation and explore your legal options.
