Call Center Outsourcing – Should A Lawsuit Be filed Over Phone Harassment?
A convergent outsourcing lawsuit occurs when a creditor or collection agency contacts a debt collection agency for an out of contract transaction. The debt collection agency, then requests that the creditors or collection agencies send a letter demanding that the debtor to repay monies owed.
In many cases, this request is not honored by the debtor and the debt is pursued in local court. If the debtor or the creditor does not respond to the initial complaint within a reasonable amount of time or if the request is denied, a lawsuit may be filed in county court.
Convergent Outsourcing Lawsuit
The United States Supreme Court has held that there is no right to sue the person of whom the collection agency has been collecting debts as part of the law of takings.
Pursuant to the law, the collection agency may only be able to sue another party if the latter has filed a lawsuit against it first. However, when the debt collectors pursue the old debt for the purpose of recovering an advance payment owed under the contract, they are not subject to any lawsuit.
There are two exceptions to the general rule against suing an unwilling third party.
The first exception involves a private individual who has been recruited by the debt collection agency in an attempt to collect money on behalf of the third party. The second exception involves a state law firm that has been hired by a private party to carry out certain acts.
Each of these exception requires a different law firm to act in a different way when dealing with consumer complaints. If you have been contacted in an attempt to collect on a bill and there is a third party involved, it is best to seek representation from an attorney who has experience in these sorts of cases.
It is important to note that the Fair Debt Collection Practices Act applies to the debt collector as well as the creditor.
Unless the debt collector has good cause to believe that the information obtained is true, such information will be deemed as worthless by the courts and the creditors. Such information obtained may include but is not limited to, the fact that you have overdue debts and an inability to pay the balance due.
Many states have passed statutes that allow their citizens to take legal action against a debt collector that is engaged in unfair trade practices.
Such statutes provide the courts with sufficient protection for the consumer and allow customers to be treated fairly during a crisis response or account recovery operation. In fact, many states have placed call center outsourcing programs under the same umbrella as their bankruptcy statutes.
Many court systems have found that debt collectors cannot harass consumers who are not at fault in an unsupervised or emergency situation.
These rules apply to all types of phone harassment, including hang up calls and recorded phone calls where the call volume is so large that it can be considered excessive. While most states recognize a debtor’s right to pursue a potential lawsuit, debt collection agencies have an even harder time justifying their alleged harassment.
While it is unlikely that a convertergent outsourcing firm will face any such problems with the Telephone Harassment Statute of Limitation, it is best for companies to work closely with their local attorneys. Attorneys who have experience with this area of the law may be able to provide advice on whether a lawsuit should be pursued or whether a simple warning letter and request for clarification on the matter would suffice.
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