Debt Collectors Busted

/ Debt Collectors Busted

fdcpa

 

Debt Collector's BUSTED!

Receiving collection calls?

Debt Collectors Busted
The Fair Debt Collection Practices Act, or the FDCPA, prohibits debt collectors from using abusive, unfair or deceptive practices to recoup money.
 
Debt collectors must follow the law each and every time they communicate with a consumer.  Let's face it, collectors are in business to make money.  And, while most debt collectors are good, hard-working people, there are quite a few that threaten, lie, abuse and call debtors bad names, etc.
 
Our FDCPA Compliance Department is dedicated to helping Clients who are receiving communications from debt collectors. The FDCPA protects consumers whenever a debt collector is communicating with them.  The goal of our Compliance Department is to determine if any laws have been broken and, if so, to work with our Client in order to prepare a possible case.  If the case is considered to be viable, it is then turned over to an attorney who specializes in FDCPA cases.
 
Important things to consider
  • If you receive correspondence in the mail from a Debt Collector, do not discard or destroy.  There are potential violations even in correspondence via the US Mail.
  • Voicemail messages from debt collectors sometimes contain violations. Be sure to save all voicemail messages you receive from a debt collector and forward to NCS.  Do not delete!
  • If you are receiving phone calls from phone numbers you don't recognize, feel free to call our FDCPA Compliance Department to determine if a debt collector may be calling you.
contact info:

Need help or info?  Call Ron Reed at (214) 504-7102, or email at R.Reed@NCS700.com.


Calls and voicemail messages don't have to be threatening or scary in order to be illegal. Below, you will find actual voicemail messages left by collectors that sound 100% legal.

Common FDCPA Violations

These are just a few of the most common violations by debt collectors. Be aware that States have their own laws that may come into play, too.

  • Threatening physical harm or arrest.
  • Threatening to take legal action when none is intended.
  • Using profane or abusive language.
  • Calling before 8:00 AM or after 9:00 PM local time.
  • Threatening to garnish wages or take property when there is no judgment, or it's prevented by State law.
  • Calling after you've requested them to no longer contact you by phone.
  • Calling you at work if you've told them to stop.
  • Disclosing the debt to friends, relatives, neighbors or co-workers.
  • Attempting to collect more than is owed.
  • Contacting you without disclosing their identity or purpose of the call.
  • Repeatedly calling your phone.
  • Threatening to take action they do not intend to take, such as: Garnishing wages or taking property without a judgment.
  • Falsely representing themselves as an attorney, or that a phone call or letter is from and attorney.
  • Threatening to call your employer and disclose the debt.
  • Falsely representing to you that criminal action will be taken against you in connection with the debt.
  • Contacting you after they know you are represented by an attorney.

 

Stop Collectors
Debt Collectors Busted!

Settlements for Our Clients

Here are some actual results of the work we do while assisting our Clients in fighting back against bad debt collectors, at absolutely no upfront cost to them. The amounts shown are the approximate amounts received by our Clients:

JEREMY - One collector called Jeremy a "deadbeat" and threatened to sue him. Another agency threatened to sue Jeremy and have him served with the lawsuit in front of his co-workers. RESULT: 2 Cases with approximately $7,500 in his pocket.

JOHN - One collector left a voice mail message threatening a lawsuit. Another collection agency threatened to garnish John's wages without judicial proceedings. Another agency implied that it was a law firm. RESULT: 3 Cases with approximately $10,000 in John's bank account!

JULIA - Received a call from a Debt Collector who implied that he was a 'process server' and that a lawsuit had been filed against her. RESULT: Approximately $3,300 in Julia's bank account, plus forgiveness and removal of the $11,000 collection account!

TAMMY - Tammy had disputed an account on her credit report that she had paid but still showed a balance. The Credit Reporting Agencies, Original Creditor, and Debt Buyer ignored her disputes. RESULT: 1 Case with approximately $8,500 paid to Tammy!

MIKE - When the collector and the collector's supervisor both told Mike that his $8,500 apartment collection would show up on his Renter's Report indefinitely, they had violated the Fair Credit Reporting Act and the Fair Debt Practices Act. RESULT: Forgiveness of the $8,500 apartment collection, removal from Mike's credit report and $750 in his pocket to pay the $1,100 judgement from the owner of the apartment.

JOHN - After a lot of digging, we found four lawsuits for this client based on illegal collection practices that were being used against him.  One collector called an ex-wife and discussed the debt and two others failed to inform John that the calls were from a debt collector.  While one of these claims remains open, three claims have resulted in a net payment to John in the amount of about $2,500, cancellation of approximately $5,600 in debts and removal of two items from his credit report.

voicemail messages from collectors

Here are five voicemail messages left on our Clients' phones by debt collectors.  All of these messages sound 100% legal and innocent,  yet all have at least two violations which resulted in settlements for our Clients.  Have you received any voicemails like these?

If you are receiving any kind of communications from a debt collector and would like help or information, contact: Ron Reed at (214) 504-7102, or email at R.Reed@NCS.com.

Collection Call Archives   Debt Collectors Busted!

NCS has assisted hundreds of Clients that have been harassed by Debt Collectors. Below, you will find actual calls to and from Debt Collectors to our Clients.  All of these calls resulted in settlements for our Clients.

Debt Collector Calls Robert E.

VIOLATIONS:

  • No Mini-Miranda Statement.
  • Threatening legal action when none was intended.
  • Threatening garnishing income tax returns with no intention to do so.
  • Threatening to suspend Client’s CDL when they have no legal right nor intention to do so.

RESULTS:
Client had debt of over $7000 forgiven, and received $1800 in his pocket.


Debt Collector Calls Mark R.

VIOLATIONS:

  • No Mini-Miranda Statement ("This call is from a debt collector, and anything you say may be used for that purpose).
  • Threatening legal action when none was intended.

RESULTS:  Mark received a settlement of approximately $2,500 in his pocket, plus forgiveness of the over $700 the debt.  A big win for Mark!


Thomas S. Calls Debt Collector:

VIOLATIONS:

  • Threatening to sue when there is no actual intent.
  • Impersonating an attorney.
  • No Mini-Miranda warning (“This call is from a debt collector and anything you say may be used for that purpose").

RESULTS:  Thomas received a settlement of just over $2,500, plus the collector agreed to forgive the debt and remove it from his credit report if it was reporting.


Debt Collector Calls Ted G.

VIOLATIONS:

  • Threatening legal action when there is no intention to pursue.
  • No mini-Miranda Statement (“this call is from a debt collector and anything you say can be used for that purpose”).
  • Implied threat that the State of Texas sometimes suspends driver’s license for failure to pay a debt.

RESULTS: Approximately $5,500 in Ted's pocket, forgiveness of the debt and removal of the account from Ted’s credit report.


Mike calls debt collector

VIOLATION(S):

  • The collector states at 5:30 into the recording that an account on a Renter's Report isn't removed in 7 years like it is on a standard credit report, and that the account would remain on his Renter's Report. This is untrue and a direct misrepresentation of the debt, which is violation of the FDCPA.

RESULTS: $8,500 collection account debt forgiven and removed from Michael's credit report. Also, the collection company paid Michael $750 to settle an $1,125 Judgment from the same apartment complex account.


Settlements continued

RHONDA - This Client received calls from a collection agency implying that suit had been filed or soon would be, but most egregiously, they told her that the derogatory item would be on her credit report until it was paid.  Further, they told her that they would take it off of her credit report if she would pay immediately.  All of this, despite the fact that they were not reporting it at all.  This deceptive collection practice resulted in the client filing a federal lawsuit, which led to a settlement netting Rhonda a sum of about $1,500 cash and forgiveness of a $9,000 debt.