by Paul MankinCreditors and Debt Collectors are Not Allowed to Call You Before 8:00 a.m. or After 9:00 p.m.!
Has a debt collector called you before 8 a.m. or after 9 p.m.?
The FDCPA and the RFDCPA expressly prohibits debt collectors and original creditors from contacting you at any “unusual time.” An unusual time is described as any time before 8 a.m. or after 9 p.m. at your location. For example, when a debt collector on the east coast calls a consumer on the west coast at 8 a.m. eastern standard time, the debt collector is violating the FDCPA and RFDCPA. 15 U.S.C. Section 1692c(a)(1). Click here for a link to the code section.
There may be circumstances where a debt collector makes an honest mistake when calling a consumer in a different time zone and does not realizing that it is outside the allowable hours; however, the majority of the time, debt collectors are willfully violating federal law and hoping that you do not know your rights.
Case Example:
Our office represented a consumer who was repeatedly called before 7:00 a.m. by a debt collector. Although our client lived in California, our client’s cell phone number had an area code associated with an east coast location. Consequently, the debt collector argued that they were not in violation of the FDCPA because our client’s area code denoted an east coast location and the debt collector claimed that they had no knowledge that our client lived on the west coast; however, in addition to reaching out to our client by phone, the debt collector sent numerous letters to our client at their west coast address for over a year.
Because the debt collector had sent letters to our client’s current west coast address, the debt collector was not able to effectively argue that they did not have knowledge of our client’s location. Our office not only forced this debt collector to stop harassing our client, but also obtained a monetary settlement and payment of our attorneys’ fees and costs from the debt collector.
If you are being subjected to harassing phone calls at unusual times, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHas a Debt Collector Contacted Third Parties, Such as Your Employer Regarding Your Debt?
Has a debt collector contacted third parties, such as an employer, regarding your debt?
Managing debt can be stressful, but it does not also need to be embarrassing. The FDCPA regulates when, why, and how debt collectors communicate with third parties regarding your debt.
A debt collector may contact a third party, such as an employer, coworker, or friend to get your location or contact information. Under the law, however, the debt collector is only permitted to contact a third party once. Repeated phone calls to your employer, coworkers, friends, or other relatives are a form of creditor harassment.
Additionally, the debt collector cannot inform any third party, other than your spouse or attorney, that you owe a debt. Any written communication from a debt collector to a third party cannot contain any language or symbols that would indicate that the debt collector is in the debt collection business.
If a debt collector has been repeatedly contacting or discussing your debt with any person other than your spouse, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHas Baker, Govern, & Baker, Inc. Been Harassing You?
Baker, Govern & Baker, Inc. is a debt collection agency that has been doing business in Florida for 15 years. It mainly provides collections service for transportation companies.
Contact Information:
7771 W. Oakland Park Boulevard,
Suite 150
Sunrise, FL 33351
(954) 749-6944
The Better Business Bureau (BBB) received 3 complaints in 2017 about Baker, Govern & Baker, Inc. One complainant was under the impression that the collection agency was a law firm, and perhaps rightly so, as the first letter the consumer received from the agency stated that it was “representing” the creditor, and then during the first communication with Baker, Govern & Baker, Inc., the consumer was asked if they were prepared to pay attorney fees to dispute the debt. The agency then continued collection attempts, after the consumer informed it that the debt was being disputed and asked that it stop trying to collect on the debt.
Baker, Govern & Baker, Inc. is harassing or abusing you, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWho is calling me from 1-866-683-5215?
Are you receiving harassing phone calls from 1-866-683-5215. This phone number belongs to A-1 Collections Agency, LLC, a collection agency located in Grand Junction, Colorado. A-1 Collections Agency also goes by the names Western Healthcare Alliance and Healthcare Collections LTD, Limited Liability Company.
Contact Information
715 Horizon Drive, Suite 485
Grand Junction, CO 81506
Phone: 888.828.0011 and 1-866-683-5215
The Better Business Bureau (“BBB”) has received six complaints about A-1 Collections Agency, LLC for FDCPA violations since 2016 and the Consumer Financial Protection Bureau, a federal agency created to protect consumers from unfair and deceptive business practices, has received one complaint about the agency (collecting under the name Healthcare Management, LLC ). Allegations in the complaints include:
- Causing consumer’s telephone to ring repeatedly
- Threatening to garnish consumer’s wages, and
- Using various types of intimidation to get a consumer to pay a debt
The FDCPA and RFDCPA prohibit a creditor or debt collector from making repeated harassing phone calls, threatening action that is not lawful or that it does not intend to take, and using intimidating and abusive language.
Creditors and debt collectors should be held accountable for these unlawful FDCPA violations. If you are receiving harassing or abusive phone calls from 1-866-683-5215; please contact our office for a free, no obligation consultation at 1-800-219-3577. We will also explain how to stop harassing phone calls.
by Paul MankinWho Can I Report Debt Collector Harassment To?
If a debt collector or creditor has violated the Fair Debt Collection Practices Act while attempting to collect a debt from you, there are a few agencies with whom you can file a complaint.
Better Business Bureau (BBB)
The BBB is a non-profit consumer protection agency that collects information about companies in the United States and Canada and compiles it for use by consumers in comparing and finding trustworthy businesses. You can file a complaint against any business with the BBB as long as the complaint relates to marketplace issues. The BBB does not accept complaints about employers, people not operating a business, or government agencies. When a complaint is filed, it is forwarded to the company with a request for a response. If no response is received, the complaint is forwarded to the company a second time. The BBB will send you any response it receives or notify you if the company provides no response. To file a complaint with the BBB against a debt collector, visit the BBB’s Online Complaint System.
Federal Trade Commission (FTC)
The Federal Trade Commission is charged with protecting consumers against unfair and deceptive business practices and accepts complaints about fraud and abuse, including debt collection practices, against companies located in the United States. Complaints are used to help the Commission detect patterns of fraud and abuse for potential legal action. You can file a complaint online in a few minutes by visiting the FTC’s Complaint Assistant.
Consumer Financial Protection Bureau (CFPB)
The Consumer Financial Protection Bureau is a federal agency created to help protect consumers from unfair and abusive practices by financial businesses such as banks, credit card companies, and debt collection agencies. The Bureau maintains a consumer complaint database where consumers can search for companies or file their own complaint. Once a complaint is filed, the bureau contacts the business and attempts to get a response to address the consumer’s concerns. Complaints are used to help the Bureau identify problems for potential action. To file a complaint against a debt collector, visit the CFPB’s File a Complaint page.
Your State’s Attorney General (AG)
State Attorney General’s accept consumer complaints in order to help identify businesses using unfair, abusive, or deceptive practices for potential legal action. Your state attorney general cannot act as a private attorney and will not sue a company to recover money for individual consumers. Visit the National Association of Attorneys General, Who is My Attorney General webpage to find your AG.
Contact an Attorney
Although filing complaints against debt collectors who are violating the FDCPA will alert federal agencies and other consumers of the unfair practices, it may not be enough, and an FDCPA attorney might be able to help you settle the debt, get the collector to stop contacting you, or even get you money. If a debt collector or creditor is harassing, annoying, or abusing you, it is time to hold them accountable. Contact our office at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinDo I need an attorney to file a claim under the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) allows consumers to sue debt collectors who violate the Act by using unfair, abusive, or deceptive practices to collect on a debt. While you can file almost any lawsuit without an attorney, you might be wise to hire experienced counsel for a claim under the FDCPA.
How Can an Attorney Help with a FDCPA claim?
An attorney can evaluate your case, determine which court the suit should be filed in, and prepare the complaint to ensure that no claims are left out of the original pleadings. Lawsuits filed in the wrong court can be dismissed for lack of jurisdiction and claims not pled in the original complaint can be considered waived, so you may lose your opportunity to make them later.
Once your complaint has been filed, your attorney can help you try to negotiate a settlement with the debt collector. Remember, once you file a lawsuit, you will have to deal with the debt collector’s attorney, not a call center representative, and the collector’s attorney will likely be experienced in negotiations, so you will want someone just as experienced on your side.
If a settlement cannot be reached and you have to go to Court, you will want a FDCPA attorney with you to make sure that the judge hears all of your evidence. The rules of courtroom procedure are complicated, and if not followed can lead to some of your evidence being ruled inadmissible. This could mean that the judge will not hear your entire story and might rule in favor of the debt collector simply because you were unable to present your entire case. Your attorney can also help ensure that the debt collector is not allowed to present evidence that would otherwise be inadmissible in Court, as their attorney may be able to get it admitted simply because you do not know the proper objection.
Before you go to court, your attorney will handle all communications with the debt collector’s attorney and the Court, file all necessary pleadings and responses, and help you collect the evidence that you will need and format it in a way that will be admissible in court.
If a debt collector or creditor is harassing or abusing you please contact our office immediately at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinCreditor Harassment: How Much Does it Cost to Hire an Attorney?
The federal Fair Debt Collection Practices Act (FDCPA) and California Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit creditors and debt collectors from using unfair, abusive, and harassing tactics to collect a debt. If a debt collector is harassing or abusing you, you may be able to sue them, with no upfront cost to you.
What is Creditor Harassment or Abuse?
Under the FDCPA and RFDCPA many common tactics of debt collectors and creditors are considered harassment or abuse, including:
- Repeatedly calling a telephone number or letting the phone ring
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Using profane, obscene, or abusive language
- Not properly identifying themselves as a debt collector
- Failing to provide verification of a debt to the consumer
- Attempting to collect interest or fees not authorized by the original agreement
- Falsely implying that a consumer is committing a crime by not paying a bill
- Attempting to collect interest or fees not authorized by the original agreement
This list does not include all of the ways that a debt collector or creditor might harass or abuse you, and the Act covers many other unfair, abusive, and misleading tactics that might be used by a collection agency to get a consumer to pay a debt.
How Much Does it Cost to Hire an Attorney for FDCPA Matters?
It doesn’t cost you anything to hire us for a FDCPA matter. At the Law Office of Paul Mankin, there are no upfront fees when you hire us to stop a debt collector or creditor from harassing you, and we only get paid if we win. The debt collector may pay our fees or we may split any cash settlement with you.
If a debt collector or creditor is harassing or abusing you, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinAre you Receiving Harassing Phone Calls from H & A Credit Corporation?
H & A Credit Corporation is a debt collection agency located in Stone Mountain, Georgia. The agency has been in business since 2001 and collects on many types of consumer debt.
Contact Information:
H & A Credit Corporation
913 Main St STE D
Stone Mountain, GA 30083-3096
Phone: (770) 413-4961
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB), a federal agency created to help ensure that consumers are not abused by companies in the financial industry, report no complaints against H & A Credit Corporation. The agency has however been sued at least once, in Georgia, for Fair Debt Collection Practices Act (FDCPA) violations. The complaint in this case alleges that the company left several messages on the consumer’s voice mail wherein it failed to inform him that the calls were from a debt collection agency. The case was eventually settled.
The FDCPA requires a debt collector to inform consumer’s that the call is from a debt collector and that any information obtained during the call will be used for the purpose of collecting the debt. This is known as the “mini-Miranda”. Many consumer’s have heard this warning from a creditor or debt collector and just as a law enforcement office is required to read a Miranda warning to a suspect before questioning them, debt collectors are required to read the mini-Miranda to a consumer before speaking with them about the debt on which they are attempting to collect.
The FDCPA was passed in order to help protect consumers from abusive and deceptive practices by debt collectors and not only requires them to inform consumers that they are attempting to collect a debt, but also prohibits them from using tactics such as:
- Allowing a consumer’s telephone to ring continuously in order to annoy them
- Falsely implying that a person can be arrested for not paying a bill
- Calling before 8:00 a.m. or after 9:00 p.m.
- Using profane or obscene language
- Communicating with a third party about a consumer’s debt
- Threatening to take any action that is illegal or that it does not intend to take
- Falsely representing that communications are from an attorney
- Impersonating law enforcement or government officials
- Communicating with consumer’s by way of postcard
- Harassing phone calls
This is not a complete list of all the debt collection tactics prohibited by the Fair Debt Collection Practices Act and any action by a debt collector that would be considered abusive, harassing, or deceptive may be in violation of the FDCPA.
If H & A Credit Corporation is annoying, abusing, or harassing you it is time they are held accountable for their actions. For a free, no obligation case review, please call our office at 1-800-219-3577.
by Paul MankinAre you Receiving Harassing Phone Calls from Bayview Loan Servicing, LLC?
Bayview Loan Servicing, LLC is a mortgage lender and debt collection agency located in Coral Gables, Florida. It services loans in all U.S. states, Washington DC, Puerto Rico, and Guam.
Contact Information:
4425 Ponce De Leon Blvd Fl 5
Coral Gables, FL 33146-1837
Phone: (866) 783-8763
http://www.bayviewloanservicing.com
The Consumer Financial Protection Bureau (CFPB), an agency created to help ensure that debt collectors, and other companies in the financial industry, do not abuse consumers, and the Better Business Bureau (BBB) report no complaints filed against Bayview Loan Servicing.
This does not mean however that the mortgage company has not used unfair or abusive practices to collect on a debt and it may have violated federal or state law while attempting to collect a debt from you. The Fair Debt Collection Practices Act (FDCPA), a federal law enacted in order to help prevent debt collectors from using unfair, deceptive, or abusive practices when attempting to collect on a debt specifically prohibits many practices commonly used by debt collectors, including:
- Falsely representing that they are an attorney or law enforcement officer
- Contacting third parties about a debt
- Attempting to collect fees and charges not included in the original contract
- Falsely implying that a consumer will be arrested if they do not pay
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Charging fees not allowed for in the original contract
- Threatening to commit acts of violence against a consumer or their property
- Refusing to provide a consumer with verification of a debt it is attempting to collect
- Threatening to take action they have no legal right to take
- Making telephone calls without properly identifying themselves
- Falsely representing the amount or legal status of a debt
If you believe that Bayview Loan Servicing is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinCredit Report Errors And Disputes
Many people suffer financial harm when inaccurate information goes on their credit reports. In some cases, credit card companies or other creditors fail to post payments on time or post inaccurate payment information. Negative credit information can be wrongly entered into the credit record of a person with an identical or similar name. Some people fall prey to identity theft scams that can tarnish their credit records for months if not years to come.
People who have inaccurate information on their credit records have rights under the Fair Credit Reporting Act (FCRA). They can get credit reporting agencies to remove that information — and they can even receive compensation.
We Help People Remove Inaccurate Credit Information
The Law Office of Paul Mankin is a law firm that protects the rights of consumers throughout California from offices in the San Diego area and Los Angeles. If you have false or inaccurate information on your credit record, we can help you remove it — and obtain compensation that could include:
- Compensation of up to $1,000 for each willful violation of the act, if there was no actual harm
- Compensation for your total financial losses if you suffered actual financial harm
- Punitive damages in some cases
- Attorney fees and legal costs
If your credit report contains inaccurate information, you don’t have to suffer the effects of a poor credit rating. Call us today at 800-654-9517 to learn how to dispute an error on your credit report.
Free Credit Report Analysis
During your no-obligation consultation, attorney Paul Mankin will also prepare a free credit report analysis that identifies credit report problems. If you believe that some items are inaccurate, Paul will prepare a letter at no charge that you can send to the credit bureau. If it appears that the credit bureau has willfully included false or inaccurate information on your credit report, our lawyer Paul Mankin can also represent you at no charge, seeking full compensation for you.
Get Legal Help Today
Contact the Law Office of Paul Mankin by calling 800-654-9517 for help correcting inaccurate information on your credit report.