Federal Trade Commission Brings First Case Alleging Text Messages Were Used in Illegal Debt Collection Scheme

Posted on Nov 25, 2013 By Ronald C. Sykstus

Ron Sykstus Alabama AttorneyOn September 25, 2013, the Federal Trade Commission (FTC) announced that it had settled with a California-based debt collector for $1 million with regard to this particular debt collector using text messages in an attempt to collect debts in an unlawful manner.

Copy of the settlement order between the FTC and National Attorney Collection Services, Inc.

The FTC, the nation’s consumer protection agency, alleged that these debt collectors used English and Spanish language text messages and phone calls in which they unlawfully failed to disclose they were debt collectors. They also falsely portrayed themselves as law firms by using the names National Attorney Services, National Attorney Service, and National Attorney. Using these deceptive names, the Defendants falsely threatened to sue consumers for not paying their debts or to garnish their wages. The FTC also alleged that these debt collectors illegally revealed debts to the consumers’ family members, friends and co-workers. Among other tactics, the Defendants used mailing envelopes picturing a large arm shaking money from a consumer who is strung upside down. The FTC alleged several violations of the federal consumer law that regulates debt collection, the Fair Debt Collection Practices Act (FDCPA).

Copy of the complaint filed by the FTC against National Attorney Collection Services, Inc.

Our law firm handles cases and assists consumers with regard to the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). If you feel that you are being harassed by a debt collector in that your dealing with this debt collector is untruthful, unfair, or undignified, please feel to contact our office to see how we can assist you. Please also look under our collection harassment blog for more detailed information regarding the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and other blogs regarding this area of law.