by Paul MankinAre You Recieving Harassing Phone Calls from Harris and Harris, Ltd?
Harris & Harris Ltd. is a debt collection agency located in Chicago, Illinois. The agency has been in business since 1968 and provides debt collection services to healthcare providers, utility companies, and government agencies.
Contact Information:
111 W Jackson Blvd STE 400
Chicago, IL 60604-4135
Phone: (312) 251-2300
Since 2015, 95 complaints against Harris & Harris Ltd., have been filed with the Better Business Bureau (BBB). These complaints allege several Fair Debt Collection Practices Act (FDCPA) violations, a federal law that prohibits debt collectors from using unfair, abusive, and deceptive practices when attempting to collect on a debt. Violations include:
- Refusing to provide debt validation information
- Failing to inform consumers the call is an attempt to collect on a debt
- Reporting false credit information to the credit reporting bureaus
- Charging fees and interest not provided for in the original contract
- Harassing phone calls
- Attempting to collect the wrong amount
Many of the complaints also allege that the agency’s representatives are rude, hang up on consumers, ask for personal information, such as social security numbers before providing any information about why they are calling and who they are, and refuse to provide the consumer with any information about the debt, but simply demand immediate full payment. Many appear to be disputes with how health insurance companies and worker’s compensation boards handle billing and payments.
Consumers have also filed 192 complaints with the Consumer Financial Protection Bureau (CFPB), a federal agency created to help prevent companies in the financial industry, such as banks, credit card companies, and debt collection agencies, from abusing and deceiving consumers. In these complaints, consumers allege that Harris & Harris Ltd.:
- Repeatedly call their phone and allows it to ring continuously
- Refuse to listen to consumers when being told the account does not belong to them or that they have the wrong telephone number
- Continues to contact them after being asked in writing to stop
- Calls before 8:00 a.m. or after 9:00 p.m.
- Attempts to collect on debt that has been paid
- Fails to send consumers required notices
- Falsely imply that a consumer will be arrested if they do not pay a bill
- Impersonates law enforcement officers and/or government officials
- Calls consumers at their place of employment
- Uses automated calling systems in order to harass consumers
Many of these practices are FDCPA violations and some may violate other federal or state law.
If you feel that Harris & Harris Ltd. 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 consultation at 1-800-219-3577. We will also explain how to stop harassing phone calls.
by Paul MankinHave you ever received a postcard from a debt collector attempting to collect money from you?
Have you ever received a postcard from a debt collector attempting to collect money from you?
The FDCPA regulates communications between debt collectors and consumers. Under this federal law, debt collectors are prohibited from engaging in unfair practices to collect debts. Prior to enacting the FDCPA, Congress heard testimony regarding some of the unfair practices utilized by unethical debt collectors. Communicating with consumers via postcard is one such common and unfair practice. As a result, the FDCPA expressly prohibits debt collectors from contacting you with a postcard.
If you have received a postcard from a debt collector, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinAre you Receiving Harassing Phone Calls from Benuck & Rainey, Inc.?
Benuck & Rainey, Inc. is a debt collection agency located in Barrington, New Hampshire. It has been in business since 2004 and collects for all types of original creditors.
Contact Information:
221 Old Concord Tpke
Barrington, NH 03825-5155
Phone: (603) 868-5566
Nine complaints have been filed against Benuck & Rainey, Inc. with the Better Business Bureau (BBB) in the last three years. These complaints allege that the collection agency misapplied payments, attempted to collect the wrong amount of debt, used abusive language, attempted to collect on a debt that had been discharged in bankruptcy, and refused to provide debt verification information to consumers. These collection practices are all violations of the Fair Debt Collection Practices Act (FDCPA), which is a federal law passed to help prevent debt collectors from using deceptive, unfair, or abusive practices while attempting to collect a debt.
The FDCPA prohibits many other practices that are frequently used by debt collectors, including:
- Making telephone calls without properly identifying themselves
- Falsely representing that they are an attorney or law enforcement officer
- Threatening to take action they have no legal right to take
- 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
- Contacting third parties about a debt
- Charging fees not allowed for in the original contract
- Falsely representing the amount or legal status of a debt
- Threatening to commit, or committing, acts of violence against a consumer or their family or property
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
Any unfair, deceptive, or abusive practice used by a debt collector in an attempt to collect on a debt may also be in violation of other federal or state law meant to protect consumers and if those practices are being used by an debt collection agency while attempting to collect a debt from you, the collection agency could be ordered to not only stop the collection attempts, but may have to pay you money and even consider the debt as paid in full.
If you believe that Benuck & Rainey, Inc has been 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 MankinAboudi v. T-Mobile USA, Inc. Class Action Settlement – $2.5 Million
A proposed settlement has been reached in a class action lawsuit brought by Sayan Aboudi against T-Mobile USA, Inc. under the Telephone Consumer Protection Act (“TCPA”). The lawsuit alleges that T-Mobile violated the TCPA by using an automatic telephone dialing system or and artificial or prerecorded voice to place collections calls to cell phones without the prior express consent of Plaintiff and class members. T-Mobile denies any liability and denies that this case could be certified as a class action if it were litigated. More details on the settlement can be found at www.aboudisettlement.com. The class is represented by Paul Mankin of the Law Offices of Paul Mankin, Josh Swigart of Hyde & Swigart, Abbas Kazerounian of the Kazerouni Group, APC, and Todd Friedman of the Law Offices of Todd Friedman. T-Mobile USA, Inc. is represented by Kristine McAlister Brown of Alston & Bird LLP.
by Paul MankinHas Debt Collector or Creditor been Verbally Abusive to You?
A DEBT COLLECTOR MAY NOT VERBALLY ABUSE YOU.
Has a debt collector or creditor been verbally abusive to you?
Under the FDCPA, a debt collector may not be verbally abusive while attempting to collect on a debt. What exactly does “verbally abusive” mean?
For some debtor’s the verbal abuse they have experienced at the hands of a debt collector is clear. A message on the answering machine asking, ‘have you ever been raped?” or a collector for a funeral home telling the decedent’s family if they do not pay the bill, their loved ones body will be dug up and hung from a tree. But the verbal abuse does not have to go that far for the collector to violate the law.
Verbal abuse may include:
- Using obscene or profane language
- Yelling or screaming
- Calling you names
- Insulting you or saying anything meant to humiliate you
- Intimidating you in an effort to collect on the debt
This list is not all inclusive, and if you feel as if you have been verbally abused by a creditor or debt collector, you probably have.
If you believe a creditor or debt collector has been verbally abusive to you, please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinWho is calling me from 1-800-356-3713?
Are you receiving harassing phone calls from 1-800-356-3713? This phone number belongs to A.C.A. Recovery, Inc., a collection agency located in Ridgewood, New Jersey.
Contact Information
50 E. Ridge Ave. #395
Ridgewood, NJ 07450
Phone: (800) 356-3713
Complaints filed with the Better Business Bureau (BBB) and across the internet allege that A.C.A. Recovery, Inc.’s customer service representatives use profane language, fail to identify themselves as debt collectors, and threaten to take legal action against consumers while calling to collect on debts. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collection agencies from failing to properly identify themselves and from using harassing or obscene language. Some other specific acts that are FDCPA violations include:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer has committed a crime or will be arrested for not paying a bill
- Using any language that the natural consequence of which is to make a person feel abused
- Threatening to take any action the collector does not intend to take
- Allowing a consumer’s telephone to ring continuously
- Calling consumer’s at work when they know the employer does not allow personal calls
- Contacting a consumer after being asked in writing to stop
- Failing to provide a consumer with basic information needed to verify a debt
The FDCPA prohibits debt collectors from using many other unfair, abusive, and deceptive collection practices and this list is not all inclusive of all the FDCPA violations.
If you are getting harassing phone calls from 1-800-356-3713 which violate the FDCPA, it is time they are held accountable for their actions. Please call our office at 1-800-219-3577, for a free, no obligation case review. We will also explain how to stop harassing phone calls.
by Paul MankinIs First National Collection Bureau, Inc harassing you?
First National Collection Bureau, Inc. is a debt collection agency located in Reno, Nevada. It has been in business since 1983 and also uses the name FNCB. The agency provides debt collection services to a variety of companies including the telecommunications industry, auto lenders, and credit card companies.
Contact Information:
50 W Liberty St STE 250
Reno, NV 89501-1973
Phone: (800) 824-6191
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) report nearly 300 consumer complaints filed against First National Collection Bureau, Inc. in the last three years. Complaints allege that the collection agency:
- Failed to provide debt verification information
- Continued contacting a consumer about a debt after becoming aware that the consumer had an attorney
- Used abusive language when attempting to collect on a debt
- Continued calling a consumer to collect on a debt that did not belong to him
Reported false information to the credit reporting agencies
These are all violations of the federal Fair Debt Collection Practices Act (FDCPA), a law enacted to help protect consumers from deceptive, unfair, and abusive collection practices. Other specific practices the Act prohibits include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer can be arrested for not paying a bill
- Advertising a debt for sale in order to coerce payment from the debtor
- Attempting to collect fees that were not provided for in the original contract
- Continuing to call a consumer after being asked to stop contacting them
- Allowing a consumer’s phone to ring continuously in an attempt to annoy them
- Calling a consumer at work when it knows the employer prohibits this type of call
- Using profane, obscene, or abusive language
A number of the complaints filed against First National Collection Bureau, Inc. allege that the company is attempting to collect on a debt that is old and past the statute of limitations. While many companies will stop collection attempts once the statue of limitations has run out, they are still allowed to make collection attempts; they simply cannot sue you to collect on the debt. However, you may accidentally restart the statute by taking certain actions, so it is a good idea to consult with a consumer attorney before even speaking with a debt collector about an old debt.
If First National Collection Bureau, Inc. is using any 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 consultation at 1-800-219-3577.
by Paul MankinHas a debt collector or creditor threatened to have you arrested if you did not pay?
DEBT COLLECTORS AND CREDITORS ARE NOT ALLOWED TO THREATEN TO HAVE YOU ARRESTED IF YOU DO NOT PAY
Has a debt collector or creditor threatened to have you arrested if you did not pay?
You generally cannot be arrested for not paying a debt and since collectors are not allowed to threaten to do anything they are not legally able to do, they are not allowed to threaten to have you arrested for not paying. The FDCPA does not allow debt collectors to make false or misleading representations, and telling a consumer they could be arrested for not paying a debt is almost always blatantly false.
Debt collection is a civil process, not a criminal, one and debtors usually do not go to jail for not paying a bill. However, if you write a bad check and do not make good on it, it could become a criminal matter for which you may be arrested and charged. Unpaid child support and criminal fines, such as court costs, restitution, and fees resulting from criminal charges are also debts for which a person may be arrested for not paying. Another way a consumer might end up in jail after not paying a bill is to ignore a lawsuit and fail to appear in Court after being issued an order to appear.
Fake debt collectors have recently been threatening consumers across the country with arrest if they do not pay bills that do not even exist. These fake collectors oftentimes leave a pre-recorded message threatening to contact local law enforcement and have your arrested if you do not call them back immediately to make payment arrangements. The fake debt collectors are usually calling from a call center where incoming calls are answered with an automated system thanking you for calling the Internal Revenue Service or other law enforcement agency. When connected with a live person, the “debt collector” will then identify him/herself as “Agent Robinson” or use some other official title such as officer, to imply they work for a law enforcement agency. Law enforcement agencies do not double as debt collectors and will not telephone you to collect a debt. If you truly owe a debt to a government agency, such as the Internal Revenue Service, California Department of Revenue, or a local court, you will be contacted by mail.
If a debt collector or creditor has published threatened to have you arrested if you do not pay a bill, please contact us for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWhat types of debts are covered by the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) applies to consumer debt incurred primarily for personal, family, or household purposes. This is basically any type of debt that was not incurred for business purposes and includes:
- Credit cards
- Home loans such as mortgages and home equity lines of credit
- Health care debt, including past-due bills for procedures, diagnostic testing, and rehabilitation
- Rental properties such as apartments and condominiums
- Utility bills, such as gas, electric, phone, internet, and cable services
- Car and other vehicle loans
- Student loan debt
- Internet loans
- Payday and cash advance loans
- Car title loans
- Retail financing such as furniture and appliance leases
In order for the debt to be covered it must be owed by a person and not by a business. So if you have a loan in your business’s name, it is not covered by the FDCPA. The debt must also be handled by a debt collector and not the original creditor to be covered by the FDCPA. However, in California, original creditors are governed by the Rosenthal Fair Debt Collection Practices Act (RFDCPA) which mirrors the federal FDCPA.
Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.
If a debt collector or creditor is harassing or abusing you and you are unsure if they are covered by the FDCPA or RFDCPA, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinHow Long Does A Bankruptcy Stay On My Credit Reports?
Depending on the type of reportable credit event, the statutory reporting limit is either two years (credit history requests), seven years (missed payments; most public record items, such as court judgments; chapter 13 bankruptcy), or ten years (paid closed accounts; chapters 7, 11 and 12 bankruptcies). Bankruptcies are reported on consumer credit reports because they are credit-related (or debt-related) public records. The length of time a bankruptcy remains on a credit report depends on the type of bankruptcy.
A Chapter 7, 11 or 12 bankruptcy is reportable for ten years and a Chapter 13 bankruptcy is reportable for seven years from the date of filing in bankruptcy court. Chapter 13 has a shorter reporting time than other bankruptcy types because it requires at least partial repayment of the debts the filer is attempting to have discharged. In this way, a Chapter 13 bankruptcy is treated like any other non-payment or payment delinquency, which also has a reportable timeframe of seven years.
On the expiration of the reporting period for a specific bankruptcy, the bankruptcy and all discharged accounts should be deleted automatically. An account listed for discharge in the bankruptcy, however, may be removed prior to expiration of the bankruptcy’s reporting period or even prior to filing the bankruptcy altogether. Since the date for removal of delinquent accounts is based on the date of delinquency, the delinquency will fall off a credit report seven years after the delinquency and will not be renewed merely based on its inclusion in the bankruptcy.
If a consumer discovers that either a bankruptcy or any associated account remains on their credit report beyond the expiration period, the consumer can and should promptly open a dispute with any and all credit reporting bureaus—i.e., TransUnion, Experian, or Equifax—continuing to report the item(s). If the lingering credit item is an individual account or delinquency that should have fallen off either with or before an associated bankruptcy’s falloff, the consumer should be especially cautious in dealing with its removal.
Even if a debt has been discharged in bankruptcy, unscrupulous or underinformed creditors or collectors might use a debtor’s account inquiry or attempt at negotiating a credit report removal to justify re-aging the account. The fact that a debt is no longer collectible does not necessarily stop collectors from pursuing the a judgment on the debt or from using its presence on a consumer’s credit report to force undue payment. Thus, a debtor who knows or suspects a credit account item connected to a bankruptcy filing should have fallen off their report should file a dispute with the credit reporting bureau before attempting other methods of resolution.