Update your settings

Debt collection is a stressful and often overwhelming process, particularly when it escalates into harassment. Many consumers face aggressive tactics from debt collectors, and one company that has been associated with such practices is Advantage Collection Professionals. If you are being harassed by phone calls from this debt collection agency, it's important to understand your rights and the legal protections available to you. This article explores what constitutes phone harassment, the tactics used by debt collectors like Advantage Collection Professionals, and what you can do to protect yourself.

What is Advantage Collection Professionals?

Advantage Collection Professionals is a third-party debt collection agency that specializes in recovering outstanding debts for clients, including hospitals, credit card companies, and other businesses. When a debtor falls behind on payments, the original creditor often sells the debt to agencies like Advantage Collection Professionals to recover the amount owed. While the agency's job is to collect the debt, they must do so within the confines of the law. However, in some cases, debt collectors use illegal or unethical tactics, such as phone harassment, to pressure consumers into paying.

Phone Harassment by Debt Collectors

Phone harassment in the context of debt collection refers to excessive or aggressive communication tactics used by collectors to intimidate or pressure debtors into paying. While legitimate debt collection efforts may involve phone calls, letters, and other forms of communication, there are limits to how far collectors can go in their pursuit of repayment.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that was designed to protect consumers from unfair, abusive, and deceptive practices in debt collection. According to the FDCPA, debt collectors like Advantage Collection Professionals are prohibited from engaging in certain types of harassment, including phone harassment.

Common Forms of Phone Harassment

Phone harassment can take many forms, but common tactics employed by debt collectors include:

1.     Excessive Calls: One of the most common forms of phone harassment is when collectors repeatedly call a debtor at all hours of the day or night. Under the FDCPA, debt collectors are prohibited from calling before 8 a.m. or after 9 p.m., unless the debtor has agreed to those times.

2.     Threats and Intimidation: Debt collectors sometimes resort to threats in an attempt to scare consumers into paying their debts. These threats can include threatening legal action, wage garnishment, or even arrest. However, these threats are often illegal and can be considered harassment if they are baseless or misleading.

3.     Repeated and Persistent Messages: Another form of harassment is when debt collectors leave numerous voicemails or messages, especially if the debtor has already requested that they stop contacting them. Leaving aggressive or multiple messages can be emotionally distressing for the individual being contacted.

4.     Misleading Information: Debt collectors are required to provide accurate information when contacting consumers. However, some may misrepresent the amount of money owed, claim that the consumer’s credit score will be ruined, or even falsely suggest that legal action is imminent.

5.     Calling Third Parties: In some cases, debt collectors like Advantage Collection Professionals may contact family members, friends, or colleagues to pressure the debtor into paying. This is a clear violation of privacy laws and is considered harassment under the FDCPA.

Legal Protections Under the Fair Debt Collection Practices Act (FDCPA)

The FDCPA provides several key protections for consumers who are dealing with aggressive or harassing debt collectors. If you are being harassed by Advantage Collection Professionals or any other debt collector, it's essential to know your rights under this law:

1.     Right to Request Validation of the Debt: If you are unsure whether the debt is valid, you have the right to request that the collector validate the debt. This means the collector must provide written proof that you owe the debt and that they have the legal right to collect it. If they fail to provide this information within 30 days of your request, they must stop attempting to collect the debt.

2.     Right to Cease Communication: Under the FDCPA, you have the right to request that a debt collector cease communication with you. This request must be made in writing, and once the debt collector receives it, they can only contact you to inform you of certain legal actions, such as a lawsuit.

3.     Right to Be Free from Abusive Practices: Debt collectors cannot use abusive, harassing, or misleading tactics to collect a debt. This includes making threats, calling at unreasonable times, using offensive language, or misrepresenting the debt or legal consequences of non-payment.

4.     Protection from Third-Party Contact: Debt collectors are prohibited from disclosing information about your debt to third parties, such as family members or colleagues, unless you have given explicit consent. They can only contact third parties to get your contact information.

5.     Right to Take Legal Action: If a debt collector violates the FDCPA, you have the right to take legal action against them. You can sue the collector for damages, and in some cases, you may be entitled to receive compensation for any emotional distress caused by the harassment.

What to Do If You Are Being Harassed by Advantage Collection Professionals

If you are experiencing phone harassment from Advantage Collection Professionals, there are several steps you can take to protect yourself:

1.     Document Everything: Keep a detailed record of all interactions with the debt collector, including dates, times, and the content of phone calls or messages. If possible, record conversations (where legally allowed) or take screenshots of any text messages or emails. This documentation will be essential if you need to take legal action.

2.     Send a Written Cease-and-Desist Letter: If you no longer want to receive calls from Advantage Collection Professionals, send a cease-and-desist letter. This letter should be sent via certified mail so that you have proof of delivery. Once the collector receives this letter, they are legally required to stop contacting you, except in certain circumstances, such as informing you of legal action.

3.     File a Complaint: If the harassment continues after you have sent a cease-and-desist letter, file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office. These agencies can investigate and take action against the collector if necessary.

4.     Consult a Consumer Protection Attorney: If the harassment persists, or if you believe your rights have been violated, consider consulting with an attorney who specializes in consumer protection and debt collection harassment. An attorney can help you understand your options and guide you through the process of filing a lawsuit if necessary.

5.     Consider Bankruptcy or Debt Settlement: If you are unable to resolve the debt, you may want to explore other options, such as filing for bankruptcy or negotiating a debt settlement. These options can help you regain control over your financial situation and stop the harassment.

Conclusion

Debt collection harassment, including phone harassment from agencies like Advantage Collection Professionals, can be a traumatic experience. However, it’s important to remember that you have legal rights under the FDCPA to protect yourself from such tactics. If you are facing phone harassment, document everything, send a cease-and-desist letter, file complaints, and seek legal advice if necessary. By taking these steps, you can stop the harassment and work toward resolving your debt in a way that is fair and legal.