Debt collection agencies that violate the FDCP Act
1. Debt collection agencies that violate the FDCP Act
The collection agencies’ active participation in collecting debts from the vulnerable debtors in the US
has increased in the recent years. These agencies employ illegal means to collect debt from the
borrowers. With the rising complaint of the victims the federal law has been forced to implement Fair
Debt Collection Practice Act to prevent creditor harassment. According to the FDCPA, the debt
collectors are forbidden from illegal collection practices, using abusive language, threatening calls to
the debtors and so on.
Here are some instances how these collection agencies have violated the FDCP Act.
The owner of the Legal Action Recovery, a professional debt collection firm, violated the FDCPA rule.
The firm threatened the debtors to pay off debt. However, at that time these victims didn’t even owe
the debt as it had been discharged in bankruptcy procedure and passed the statute of limitations. The
debt collectors even warned the debtors of taking legal action if the payments are not made within
time. The firm even masqueraded as law enforcement officers to pressurize the victims to clear their
payment of the delinquent account.
The owner tried to operate his firms from prison and corresponded with his staffs regarding the
account management and personnel issues. He was always updated about his banking activities. So, the
New York Attorney General’s Office has lodged charges against the owner continuing to operate the
firm.
Charges have been filed against Buffalo, NY collection agency operated by Tobias Boyland, known as
Bags of Money, for creditor harassment. Boyland’s debt collectors violated the state as well as federal
law disguising as law enforcement officials. Most consumers gave in to the demands of the collection
agency as they were threatened of being arrested on failing to make their payments. The collection
agency has been found claiming for non-existent debts. This agency even tried to collect payments after
the passing of the statute of limitations or overstated the amount owed on the actual debt. The
intimidated debtors usually make payments to avoid further harassment and humiliation. The company
used to provide wrong contact information to make the consumers believe that the businesses were
located far from the Buffalo area.
California’s Bad Check Diversion Act (BCDA) empowers a district lawyer to sign a contract with a
private body to run a diversion program for poor check writers. The company District Attorney
Technical Services Inc had an agreement with various district attorneys' offices to offer collection
services to merchants who were offered with bad checks. The CEO of District Attorney Technical
Services Inc. (DATS) was found personally liable for violating FDCPA. He was involved in collection
practices and the firm’s only source of income was its collection activities based on the contract that
he negotiated with the district attorneys' offices. This firm even collected fee that was not authorized
by the Bad Check Diversion Act (BCDA). The court was informed that the collection letter stated that
legal action and arrest warrants will be issued for individuals who are unable to pay on time. But
DATS never bothered to present the file before the district attorney's office. Therefore, the firm
violated the FDCP Act and had to face the consequences.
So these are the four amongst many other debt collection agencies that have violated the FDCP Act
and had to pay for the consequences for illegitimate debt collection practices.
Disclaimer: This information is not intended as legal advice. Please direct your specific
questions to K&M attorneys and know more about your FDCPA rights. If you want to pursue
your FDCPA claim, call @ 1-800-877-3666 toll free, to reach Krohn & Moss for your FREE
CASE REVIEW Or submit your information online for your free case evaluation @
http://www.westopdebtcollectors.com
