Stacey
Dallas,#2Consumer Comment
Thu, April 11, 2013
According to the Arkansas State Board of Collection Agencies:
Under Arkansas law, collection agencies are individuals or businesses that collect debts on behalf of a third party. For example, if a hospital gives its delinquent accounts to a company to contact patients for payment then that company is considered a collection agency. Arkansas law exempts certain people and businesses from the definition of a collection agency. Those exemptions are found at Arkansas Code Annotated 17-24-102. A creditor who collects its own accounts in its own name is not considered to be a collection agency.
If a collection agency is located in Arkansas or contacts debtors in Arkansas, it must be licensed by the State Board of Collection Agencies. Collection agencies are also required to comply with the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act governs when, where and how consumers may be contacted. It prohibits collection agencies from harassing or abusing consumers I suggest you contact them as well. I looked up Midland and they are not licensed/bonded in Arkansas - I could have looked it up wrong so I still suggest you contact this agency and log a complaint asap!
Stacey
Dallas,#3Consumer Comment
Thu, April 11, 2013
Send them a cease communications letter via certified mail (keep copies of everything). When (if) you get the returned card keep all the information together. If they violate this then contact a consumer attorney - many work on a contigency basis - been there and done that. Sued and won.
When you send the cease and desist letter to the debt collector, send it via certified mail with return receipt requested. This will provide proof that the letter was sent and received. If the debt collector communicates with you beyond the single instance allowed by law, this evidence will allow you to seek punitive action against the debt collector.