Improved Data Services Lawsuit?
Are you experiencing debt collection harassment from Improved Data Services? Almost everyone has to deal with debts at least once in their lifetime. It is one of the financial struggles many people face. If you are currently in a state of debt, you probably already know that it is not one of the best places to be in.
Debts have been known to take a toll on various aspects of people’s lives. Debt collectors’ attempt to recover debts are also stressful and can often feel frustrating to the debtors. If you are getting calls from debt collectors, you need to know their rights and yours too. Simply ignoring a debt won’t make it go away, as creditors have the right to pursue the outstanding debt indefinitely (although they do not indefinitely reserve the right to sue you). Better options include paying off the debt or negotiating with the creditor or debt collector for a better payment plan.
Whichever way you choose to go about settling your debts, you must know that debt collection harassment is illegal. Regardless of the amount you owe, a debt collector or debt collection organization is not expected to contact you in an unusual place or at a time that they would know is inconvenient. They are also instructed to refrain from using any type of harassment methods or scare tactics in the collection process. Additionally, if they are notified that you no longer wish to receive communications from them through a cease and desist letter, they must immediately cease direct communication with you. This, however, does not mean you do not have to resolve the debt you owe.
Improved Data Services must act in accordance with the FDCPA (Fair Debt Collection Practices Act), which protects your rights throughout the debt collection process. If they fail to do so, you may be able to recover statutory damages of up to $1000.
Receiving Robocalls from Improved Data Services?
What is a Robocall?
The Telephone Consumer Protection Act, or the TCPA for short, gives us a definition of what a robocall is. According to the Telephone Consumer Protection Act, a robocall as “an automated call made with an autodialer.” An autodialer is a software that is designed to call up specified phone numbers without the need for human input or communication. The major purpose of robocalls is for advertisement and informational purposes, but often, debt collectors employ the use of robocalls to harass, coerce, and intimidate consumers into settling their debts.
The use of robocalls by debt collection agencies (especially for the purposes of advertisement) without first securing the express permission of the consumer to whom the call is being placed is a violation of the TCPA laws and is thereby considered illegal.
Under the TCPA, banks, telemarketers, and other agencies can only call consumers with an autodialer unless the consumer has given them express consent.
Are There Laws Against Unwanted Calls?
Established in 1991 and updated in 2003 and 2012, the TCPA regulates the use of telephones for marketing purposes. Thanks to the TCPA, we now have the Do Not Call Registry. It also requires that telemarketers get written permission from consumers before robocalling them, and ensures that consumers have a way to opt-out of those agreements.
The TCPA not only prescribes laws that banks, telemarketers, and debt collection agencies, but also ensures that they are upheld by prescribing fines and other forms of consequences for agencies who violate the laws. The TCPA also allows consumers to pursue legal action against debt collectors who harass them and violate their telephone rights. Unfortunately, many debt collectors still knowingly violate the TCPA.
The major complication of the TCPA in the context of debt collection is that it exempts certain entities from being subject to its laws. Debt collectors, for example, do not need to secure your permission to place a call to you over the collection of unresolved debt. Other agencies exempted from the general laws of the TCPA include:
• Political organizations
• Non-profit organizations
• Debt collectors operating lawfully under the Fair Debt Collection Practices Act
What is the Do Not Call Registry and How Do I Get on it?
When it comes to stopping the violation of your TCPA rights by agencies (excluding debt collectors), the” Do Not Call” Registry is your first line of defense.
In essence, the do not call registry is a service regulated by the Federal Trade Commission that allows consumers to decide whether or not they want to receive debt collection calls.
To get your number on the do-not-call registry, all you have to do is visit donotcall.gov to can sign up, verify whether or not you’re already registered, or learn more about the service and whether or not it can be beneficial to you. You should also note that your number must be on the list to have certain remedies available to you.
Signing up for the Do Not Call Registry is free, do not believe anybody who tells you otherwise. When you sign up to the don-not-call registry, you can enter in a list of home and cell phone numbers that you would like to stop receiving unsolicited telemarketing calls on. After you have entered your details into the do-not-call registry, you must know that it is still possible for banks and telemarketers to contact you, however, the TCPA gives them 31 days within which they must cease all forms of communication with you. Once the 31 days elapses, it is illegal for them to place unsolicited calls to your phone.
It is also important to note that debt collectors like Improved Data Services are exempted from the do-not-call registry.
What if you are on the Do Not Call Registry but Still Get Calls?
If you have put your number on the Do Not Call Registry but somehow, you still receive unwanted calls from organizations that aren’t exempt from the DNC list, you may be able to pursue legal action, as this is a violation of your TCPA rights. If you find yourself in such a situation, it is advisable to:
• Keep track of all the unwanted calls you receive and who they’re from
• Record the date and time that you received unwanted calls
• Keep records of all the voice messages you received from unwanted callers
• Keep records of the name of the caller and the organization that they represent
• Take notes of the exchange that took place during the call, including any violations of your FDCPA and TCPA rights
• If the calls come to your cell phone, save your cell records as evidence
Following the tips above give your case a much higher chance of success.
Facing a Debt Lawsuit from Improved Data Services?
Failing to pay your debt can lead to a lawsuit being filed against you by your debt collector in a court of law. Creditors can sue you for a debt if the debt in question is still within the statute of limitations. Once a debt has passed that time frame, it can no longer be legally enforced.
If a creditor takes you to court over a debt, the law expects you to respond to the lawsuit summons. Failing to respond in time to a lawsuit summon may grant the creditor an automatic win; this is known as a judgment by default. This is why it is always wise to show up for your court summons and very advisable to get an attorney who is experienced in the legal debt collection process to ensure that you are represented properly. Call a qualified and A+ accredited consumer rights attorney on 877-700-5790.
This is what to do when you receive a debt lawsuit from your debt collection agency:
– Research: Conduct proper inquiry and gather information on the creditor or debt collector suing you. Find out who they are and if the debt they’re trying to recover from you is actually accurate and still within the statute of limitations. Confirm that the debt is yours too. You don’t want to begin a fight that isn’t yours to start with.
– Respond to the debt lawsuit: Ignoring a lawsuit summon is a very unwise decision as it may lead to the garnishment of your paycheck. Do not panic and try to escape it by ignoring it, this never works. Instead, respond to it early. You are expected to respond within 30 days after you get served.
– Seek legal counsel: This is a great time to speak with an attorney about your rights and options. Contact us now to find immediate assistance.
– Reach out to the debt collector before showing up for hearing: Speak with the creditor and try to negotiate with them. Make payment plans that can work for you or try to settle with them on paying an amount less than you owe. It may however already be too late.
– If you do not owe the debt you are being sued for, ask for proof from the creditor. At the hearing, ask the creditor to provide the original debt contract. If there is no proof that you owe, the judge will most likely dismiss the case.
Is Improved Data Services a Scam?
According to the Better Business Bureau website, Improved Data Services has been in business for 11 years. There have been 5 complaints filed against IDS by dissatisfied consumers with the BBB. Read more about it here: Improved Data Services Better Business Bureau
Who is Improved Data Services?
Improved Data Services is a third-party debt collector located in Williamsville, New York. Although not BBB accredited at the time of this writing, the company provides pre-legal services and free referrals to affiliated counsel in nearly 40 states of the federation.
Address: 5500 Main St
Williamsville, NY 14221-6737
Phone: (716) 568-8468
Improved Data Services Phone Numbers
Are you receiving any harassing phone calls from any of the following numbers?
716-568-8468, 866-929-1225, (716) 568-8468, (866) 929-1225, 7165688468, 8669291225
If the answer is yes, then you are receiving calls from a known IDS number. You may be a victim of IDS phone harassment. Call us now on 877-700-5790 to get help.
Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors. If you suspect that your debt collection rights are being trampled upon, contact our office to begin the process to stop the harassment you may currently be receiving from Improved Data Services. Our office has been assisting consumers since 2010, and we have an A+ rating with the Better Business Bureau.
Call us at (877)700-5790 for immediate assistance.
Check out the links below for more information: