Do you trust Indians buying out a one time family owned respectable agency? Do you like that Firstsource has nitwits in New Delhi with access to your social security number? Do you know how easy it is to bait these creampuffs into an out of court settlement for FDCPA violations? Ask for their compliance director at 716-564-4357 and press option 4. I'm quite certain their HR department will call back when you demand to speak with their compliance director for FDCPA violations. If they evade, have yourself or attorney write them to their physical address on Bryant Woods in Amherst.
First of all before I proceed. Firstsource Advantage nor any other 3rd party agency or law firm (assignee or debt buyer) is entitled to a penny until they successfully win a default judgment in civil court vs Joe Debtor (defendant). The burden of proof rests with LHR, not Joe Debtor.
ALWAYS type a dispute and demand for validation letter within 30 days of initial dunning letter. Do not sign your name. Send it certified mail return receipt requested. That way you have the green card to prove they signed and received your letter. Since they are predominantly debt buyers, the validation letter will likely be the end of Firstsource Advantage communication. Agencies are usually lazy and hate validating. They want your money.
Usually the account just goes back to the creditor who will farm it out to another agency. At that point, just send another debt validation letter. Firtsource Advantage doesn't have to validate your request either. However, they cannot attempt to collect the debt or credit report it either if your request is received within 30 days and they don't successfully send you a validation response afterwards.
Some ways to stay under the radar and/or mess with these scumbags.
1) Stop applying for credit! Whenever you apply for any line of credit, it shows as an inquiry on your credit bureau report. Your application will have you disclose home contact #, place of employment and even POE #. This info makes for an easy skiptrace for Firstsource since inquiries stay on your CBR for 6 months. So stop applying for credit and wait 6 months. Consider getting a new job if you are in a run of the mill position since your new employer is inquiry free from being traced after 6 months of not applying for credit.
2) After 6 months of not applying, you have no inquiries. Now would be a good time to strictly rely on a prepaid cell for communication. Skiptracing sites like accurint can trace nonpublished landlines and cell #'s you apply for contractually (verizon, sprint, cricket, etc.). Any 8 or 80 year old can go into Walmart and buy a prepaid cell without ID. Prepaid cells cannot be verified as I type this.
3) Once you have your prepaid cell, tell all associates not to give your # out if Firstsource calls requesting 'location information.' Never leave your name or voice on your voice mail. Keep the generic automated voicemail. If they call, tell them they have the wrong # and hang up. If they call again, say your fictitious name is %, you have the wrong # and are wasting my minutes and hang up. Agencies cannot knowingly communicate in writing or verbally in ways if they know it accrues a cost to the debtor (FDCPA violation). Don't say anything about FDCPA. They will likely assume it's you screening. The idea is to stay underground right? Even the most hardened collectors will likely move on to easier prey and leave you alone at this point. Regardless, at this point, never answer the phone and let them hang themselves with implied threats that you can sue them for on voicemail if calls persist. Voicemail is third party disclosure/communication. That whole one party or two party state concerning consent to record is IRRELEVANT. Firstsource called and left a voicemail. You didn't approve of it or ask for the call in live contact with Firstsource. That is 3rd party disclosure/communication.
4) Typical implied threats on voicemail. Any implied threat that isn't carried out is an FDCPA violation.
A) This account is now in the legal department when the company doesn't have a prelitigation team or attorneys in house.
B) We urgently need to hear from you in 24 hours. (False sense of urgency).
C) We are prepared to file paperwork. (Misrepresentation as an attorney or paralegal).
D) We are making a final decision concerning your file # in our office. (that is up to the judge after you are sued. Not some HS dropout wearing an ankle bracelet at Firstsource impersonating an attorney making chump change hourly.)
5) Save the recordings and demand to speak with their compliance director. You can only sue on voicemail FDCPA violations up to 365 days from date of occurance. Demand to speak to the director of compliance at Firstsource. Tell them you are prepared to take them to civil court but would prefer to get the matter settled now and let them listen to your saved voicemails. If they try to sidestep you with discussing the alleged debt (always say ALLEGED in all written and verbal communication with compliance director), tell them this is not about your alleged bill, but about blatant FDCPA violations on voicemail.
Before calling, read the FDCPA website and recite the specific section of violation to compliance director (most voicemail violations are involving sections 805 through 811). Tell the compliance director based on your voicemails that even though you can win in civil court for $1000 plus attorney fees, I will forget about this incident for $500. Don't be greedy. I've done this tactic many times and have gotten a settlement check without paying the agency a red cent or missing work to appear in court.
Chances are decent if you recite the FDCPA violation section on your voicemail, they will cut you a check just to get rid of a smart debtor. Call everyday until they give in and agree to cut you a settlement check. However, don't threaten them with an attorney if you don't have one. Again, one can take care of this without an attorney if they learn the FDCPA penal codes. However, if you aren't prepared to spar with Firstsource's compliance director, hire an attorney.
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