FDCPA - Fair Debt Collection Practices Act

Collection Calls to New Cell Phone Owners Prohibitted

Don Petersen — Sun, 13 May 2012 02:18:20 +0000

Soppet v. Enhanced Recovery Company, LLC, the United States Court of Appeals for the Seventh Circuit held that the Telephone Consumer Protection Act (“TCPA”) protects cell phone owners who inherit “recycled” cell phone numbers from most companies that use automatic dialers to call their cell phone attempting to contact someone who formerly used their cell [...]

Legal Helpers Debt Resolution Sued by Debt Settlers

Don Petersen — Tue, 10 Apr 2012 13:24:00 +0000

Legal Helpers Debt Resolution, LLC, and Macey, Aleman, Hyslip & Searns, recently agreed to pay the Attorney General for the State of Illinois $ 314,000 as a fine for operating an unlicensed debt settlement business. Attorney General Lisa Madigan’s lawsuit alleged that Legal Helpers unlawfully charged consumers upfront fees for debt settlement services with promises [...]

Are “Repo Men” “Debt Collectors”?

Don Petersen — Thu, 29 Mar 2012 00:42:18 +0000

Consumers and their novice lawyers who file lawsuits against repo men alleging that the repossesson company violated the Fair Debt Collection Practices Act are likely to end up even more frustrated than Otto did after he quit his job only to discover that his parents donated his college fund to a televangelist. For readers who [...]

AFNI Collector Threatens to Exile Serviceman Deployed in Afghanistan

Don Petersen — Sat, 03 Mar 2012 03:22:54 +0000

A Washington consumer alleges that an AFNI debt collector called her during July, 2011 attempting to collect a Sallie Mae account which her ex-husband co-signed. AFNI’s representative allegedly told the consumer that she’d discussed the alleged debt with the consumer’s ex-husband. The complaint indicates that the consumer called the debt collector out on what appears [...]

Fair Debt Collection Practices Clarification Act of 2012 Introduced

Don Petersen — Thu, 01 Mar 2012 21:55:17 +0000

Representative Barney Frank introduced a bill entitled the “Fair Debt Collection Practices Clarification Act of 2012” in the House Committee on Financial Services (the “Committee”). Rep. Frank is the ranking minority member on the committee. If enacted, Section 3d(1) the Bill would require the Consumer Financial Protection Bureau (“CFPB”) to promulgate regulations concerning the permissible [...]

Wells Fargo Card Services’ Collector Called 911

Don Petersen — Wed, 15 Feb 2012 01:25:40 +0000

An 85 year old Oregon cardholder filed a complaint alleging that Wells Fargo Credit Card Services, Inc’s collector called 911 and falsely reported that she was considering suicide. Wells Fargo allegedly called the cardholder numerous times and threatened her with legal action if she did not bring her account current. The cardholder explained that she [...]

West Asset Management Collection Agency

Don Petersen — Mon, 23 Jan 2012 01:52:19 +0000

West Asset Management collection agency employs approximately 1,500 employees at 14 call centers located in 13 states plus Makati City, Philippines. According to West Asset Management, the agency collects accounts for 7 of the 10 largest credit card issuers. West Asset Management is operating under a consent decree obtained by the Federal Trade Commission. A [...]

Commercial Recovery Systems Collection Agency Harassed Us, Consumers Allege

Don Petersen — Sun, 11 Dec 2011 19:46:03 +0000

Commercial Recovery Systems (“CRS”) violated the Fair Debt Collection Practices Act (“FDCPA”) by threatening to sue consumers, obtain liens, judgments, or garnish wages without any intention of doing so according to consumers who filed FDCPA lawsuits. Consumers also alleged that CRS disclosed their alleged debts to other people including relatives, employers, and even landlords. Several [...]

Portfolio Recovery’s Zombie Debts “Live”

Don Petersen — Tue, 22 Nov 2011 02:22:06 +0000

Portfolio Recovery Associates (“PRA”) was the defendant in at least seven lawsuits filed during 2011 which alleged that PRA violated the Fair Debt Collection Practices Act while attempting to collect “zombie” debts. A Florida consumer alleged that PRA called him demanding that he pay a debt that was at least eight years old. (In Florida, [...]

FMA Alliance Called Relatives, Consumers Allege

Don Petersen — Thu, 17 Nov 2011 01:10:52 +0000

Consumers in Florida, Louisiana, Michigan and Pennsylvania filed lawsuits alleging that FMA Alliance collection agency disclosed to relatives and other third parties that they allegedly owed FMA a debt or otherwise violated the FDCPA. The Fair Debt Collection Practices Act prohibits debt collectors from calling relatives, friends, neighbors, and co-workers except when the debt collector [...]