Fair Debt Collection Practices Act Archives - Page 7 of 9

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Can a Debt Collector Contact You During the Holidays?

Posted on December 14, 2016by Admin

Getting a call from a debt collector can be a frustrating and stressful experience, and the last thing you want to deal with during what is supposed to be the “Most Wonderful Time of the Year.” Even though it is legal for debt collectors to try and recoup a debt you owe, there are restrictions.

For example, debt collectors cannot contact you at times they know are inconvenient (i.e. – before 8 a.m. or after 9 p.m.) They cannot contact you at your job if you ask them to stop, they cannot repeatedly contact you throughout the day, they cannot threaten you or lie to you about the debt, and they cannot discuss your debt with any third party.

All of these are in violation of The Fair Debt Collections Practices Act (FDCPA).

But what about during holidays? Although the FDCPA does not specifically state which days of the week debt collectors can and cannot call you and does not designate a holiday exemption, it does state that collectors cannot communicate with you during times which are known to be inconvenient.

So you could essentially argue that a call on Christmas Eve is, in fact, a violation of the FDCPA. This would likely fall under, “calling at times known to be inconvenient.”

If you believe a debt collector is violating the law by calling you outside the allowed times or by calling more frequently than they should, after you have asked them to stop calling or have sent a cease and desist letter, you can report them to the Consumer Financial Protection Bureau and your state Attorney General.

At the law firm of Kingcade & Garcia we want you to have a safe and Happy Holiday this year! If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

http://blog.credit.com/2016/12/can-a-debt-collector-call-me-during-the-holidays-163536/

https://www.thebalance.com/when-can-debt-collectors-call-960573

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Woman Wins $83 Million in Lawsuit Against Debt Collector

Posted on November 8, 2016by Admin

A Kansas City woman won $83 million in a lawsuit she filed against a debt collector for illegal debt collection practices for a $1,000 credit card bill. The Missouri jury found the collection agency, Portfolio Recovery Associates LLC, guilty of “malicious prosecution.”

The agency reportedly violated the Fair Debt Collection Practices Act, for which it will pay $250,000 in damages. Maria Guadalupe Mejia was also awarded $82,990,000 for malicious prosecution over a credit card debt that did not belong to her.

PRA Group Inc., which owns Portfolio Recovery Associates, sent a statement about the verdict to Credit.com. “This outlandish verdict defies all common sense. We hope and expect the judge will set aside this inappropriate award, and we plan to file motions to make that request formally in the near term. Any fair reading of the facts of this case makes plain that a verdict of this size is not justice by any means, and cannot stand,” spokesman Michael McKeon wrote.

In 2013 Portfolio Recovery sued Mejia over credit card debt that belonged to a man in Kansas City, Kansas, with a similar name. The agency, which is one of the nation’s largest debt buyers, attempted to collect on the debt for over a year after Mejia first received notice of the lawsuit.

Click here to read more on the story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Capital One Faces Lawsuit over Unfair Debt Collection Practices

Posted on November 7, 2016by Admin

A Florida woman is suing Northland Group Inc. and Capital One Bank (USA) NA, creditor, citing violation of the Fair Debt Collection Practices Act (FDCPA). The complaint was filed in the U.S. District Court for the Middle District of Florida against the defendants alleging that they violated FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, the plaintiff alleged that in 2014 her attorney informed Capital One that she was being represented and to direct all communications regarding the debt to her legal counsel. However, on October 31, 2015, Northland sent the plaintiff an initial communication and did not go through her counsel.

The plaintiff holds Northland Group Inc. and Capital One Bank (USA) NA responsible because the defendants allegedly caused confusion through its written correspondence with her, failed to disclose the identity of the original and current creditor, and failed to follow demands not to contact the plaintiff.

She is requesting a trial by jury and seeks judgment against the defendants, attorneys’ fees, costs of action, interest and further relief as the court determines.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

One Wrong Move Can Bring your ‘Zombie’ Debt Back to Life

Posted on October 31, 2016by Admin

In the spirit of Halloween, we want to warn you about zombie debt. As the name suggests, zombie debt is a debt that you thought was dead but has come back to life. This could be a debt you already paid off, a debt you settled with a creditor, a debt where the statute of limitations has expired, a debt that was wiped out in bankruptcy, or a debt that was never yours to begin with.

Zombie debts are old debts. That in itself is what makes them so dangerous to consumers, especially when debt collectors apply high-pressure tactics to have you pay up.

Another downside, these debts are oftentimes hard to verify. As debts are sold and resold, information can vanish, leading collectors to seek payment on erroneous debt. Making even a single payment on an old debt can reset the statute of limitations, leaving you vulnerable to a lawsuit.

Debt collection is the largest source of consumer complaints to the Consumer Financial Protection Bureau, with more than 85,000 complaints filed in 2015. The leading complaint: Consumers being harassed for debts they did not owe.

Here are some steps you can take to avoid becoming a victim and put zombie debt to rest for good:

Request a validation letter. This will outline details, including the original creditor, the amount of the debt and how you can challenge it. This will help you verify that it is your debt and has not already been paid.
If you already paid the debt: Write a letter to the collections agency demanding that it cease contact. The Fair Debt Collections Practices Act requires them to do so. Remember: You cannot legally be sued for a debt that is past the statute of limitations, even though collectors may still try.
Pull your credit report to determine whether it is being reported to the credit bureau. You can do so for free at www.annualcreditreport.com.
Know your rights. Do not let a debt collector bully you. The Fair Debt Collection Practices Act protects you against abusive collection tactics.
If the debt is not yours, it is otherwise invalid: Write a letter challenging the debt within 30 days of the initial contact.
If you do owe the debt and can pay, resolving an unpaid account can end the collection calls and improve your credit score. Get any payment agreement in writing before sending money.
If you do owe the debt and cannot pay: Tell the creditor you cannot afford to pay. Never give your credit card information or bank account information to a creditor. Instead, pursue debt relief through credit counseling or bankruptcy.

No matter what, be proactive. Do not ignore anything you receive in the mail from a debt collector and make sure and keep all of your correspondence in writing.

At the law firm of Kingcade & Garcia we want you to have a safe and Happy Halloween this year! If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

http://www.usatoday.com/story/money/personalfinance/2016/10/31/debt-collectors-zombie-debt-payment/92666504/

http://detroit.cbslocal.com/2016/10/31/dont-get-bit-by-zombie-debt-this-halloween/

Bankruptcy Law, Debt Relief, Foreclosures

Ditech Financial Fined $1.4 Million for Abusive Debt Collection Practices

Posted on October 5, 2016by Admin

Last week Ditech Financial was ordered to pay the state of Massachusetts $1.4 million to settle charges that the company engaged in “abusive debt collection practices.” The company was allegedly using tactics such as excessive calling and failing to properly notify borrowers of their mortgage information, according to the state’s attorney general.

Ditech Financial, formerly known as Green Tree Servicing, agreed to an “assurance of discontinuance.” This means the debt collection agency will stop making excessive debt collection calls, according to Massachusetts Attorney General Maura Healey.

The order also requires Ditech to provide written notice to borrowers, regarding their right to receive detailed information about any debts the agency sought to collect. According to Healey’s office, Ditech has “routinely violated” state laws since 2012.

Ditech has agreed to change its procedures to prohibit calling borrowers in excess of the number permitted by the debt collection regulations and will implement technological controls to restrict outgoing collection calls when the limit is reached. The payout will be used to address the negative effects of foreclosure, debt collection and other consumer’s protection issues, according to the attorney generals’ office.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

The IRS Selects Private Debt Collection Contractors

Posted on October 3, 2016by Admin

The Internal Revenue Service (IRS) has chosen four private debt collection agencies to help them collect unpaid tax debts. The IRS is required to do so as a result of a provision in a highway funding bill that Congress passed last year. The controversial program is expected to start up next spring.

The four agencies chosen by the IRS to assist in collecting the debts include: CBE Group of Cedar Falls, Iowa, Conserve of Fairport, New York, Performant of Livermore, California and Pioneer of Horseheads, New York.

This will be the third time this program has been enacted. The first two times it was discontinued due to complaints of harassment from taxpayers and low success rates of collecting on debts. A recent increase in scammers posing as IRS employees has also raised some concern in bringing the program back.

In an attempt to cut down on scamming, the IRS said it will first issue a written notice that the unpaid debts are being turned over to a debt collector and then a second letter to confirm the transfer.

The debt collectors will be able to identify as contractors of the IRS and will be expected to follow the provisions of the Fair Debt Collection Practices Act.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

From a $150 HOA fee to Foreclosure

Posted on September 6, 2016by Admin

One missed HOA payment could cost a Hillsborough family their home. The family is taking on the Rivercrest Community Association, who just sold their $300,000 home at auction. The family claims they had no warning. Now the fight to save their home could very well leave them homeless.

The family has called their Rivercrest neighborhood home since 2005, when they bought if for around $270,000. The HOA put a foreclosure lien on the house and recently sold it at auction for $19,000. The family’s cut: $14,000.

The family said they had been paying their annual dues, but say they did not get a notice that the HOA was missing a 2009 payment for four years. In that time, $150 turned into $750 then $3,000 in fees. They agreed to a payment plan with HOA lawyers. The HOA’s law firm, Bush Ross landed in a class-action suit accused of violating the Fair Debt Collection Practices Act.

The family received $300 from the settlement and thought they no longer owed the past dues, so they stopped paying. They were scheduled to make a plea to a Hillsborough County judge on August 31. The Clerk’s Office told the media that court documents from April gave the family a month to pay their then-$4,300 balance or the home would be auctioned.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What to do When Debt Collectors Call

Posted on August 12, 2016by Admin

According to the Consumer Financial Protection Bureau (CFPB), collectors have reached out to one-third of all consumers over the past year in an attempt to recover a debt. Although there are many laws in place to protect consumers, the CFPB reported that approximately 25 percent of all grievances the agency has received are complaints about debt collection practices. The CFPB recently proposed new rules to better protect consumers against illegal or unethical debt collection practices.

The CFPB recommends these four measures you need to take when debt collectors call:

Know your rights. Familiarize yourself with the Fair Debt Collection Practices Act (FDCPA), this will help you better understand your rights as a consumers and how you are protected by the CFPB. When a debt collector contacts you, make sure you tell them you are aware of your rights under the FDCPA.
Verify everything. Under the FDCPA, debt collectors are legally require to follow up their call with a written notice detailing your debt. Make sure you ask for that information while you have them on the phone. You also need to verify the debt and the collector. Sometimes debt collectors try to collect “zombie debt” that is past the statute of limitations in your state.
Take detailed notes. Write down every time the collector makes contact with you. In your notes include: the agency’s name, the number they called from or the email address used, the time of the call and the name of the representative you spoke with. Also write down any threats that are made or unethical tactics the collector used to get you to pay the debt.
Complain to the CFPB. If you know your rights and you are aware that a debt collector has violated the FDCPA to try to collect debts, report the encounters to the CFPB.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Florida Email Scam Tricks Consumers Using Their Social Security Numbers

Posted on August 11, 2016by Admin

A company operating under names such as ACS Debt Collection USA, Cash NET USA and other variations has been using an email scheme to trick consumers into believing they owe a debt for a payday loan. The fictitious collection agency has been contacting consumers in the Central Florida area using their social security numbers and driver’s license numbers to convince them the debts are real.

Although the company is using a Clearwater address, the Better Business Bureau (BBB) has been unsuccessful in locating the company or the money. The BBB also issued the company an “F-Rating” after receiving nearly 1,600 consumer complaints. The BBB went on to say that when consumers reached out to the company, they were subjected to “abusive language and intimidation tactics,” which are violations of the Fair Debt Collection Practices Act.

In the scam emails, the company lists the social security numbers, driver’s license numbers and threatens legal action due to past due “payday loans.” The emails state the “borrower” will face three counts of criminal allegations including:

Violation of federal banking regulation
Collateral check fraud
Theft by deception

Click here to read more on this story.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

You can sue over Robocalls- Know your rights when it comes to Collection Calls

Posted on July 12, 2016by Admin

Debt collectors have the right to contact you, but they do not have the right to harass you. Recently, a woman received robocalls from the same business four or five times a day, all hours of the day and night, even on holidays- including Christmas day! She received a total of 800 robocalls in a year and a half period. After repeatedly telling the company to stop contacting her, she took legal recourse. The woman had suffered complications from bypass surgery and had fallen behind on her car payments.

The unwanted calls are in violation of the Telephone Consumer Protection Act, the number one complaint to the FCC. Consumers have the right to sue and can be awarded up to $1,500 for every call that does not fall within these guidelines.

Here are five illegal tactics that unethical debt collectors use:

Harassment. Relentless calling, 4-5 times a day falls into this category.
Timing. Debt collectors must limit their calls between 8 a.m. and 9 p.m. on weekends and weekdays.
Pretending to be someone else. Debt collectors always have to identify themselves and who they work for.
Making threats. It is illegal to make threats to get you to pay. The debt collector cannot threaten physical harm, jail-time or let your neighbors know about an outstanding debt.
Contacting third parties. It is illegal for a debt collector to contact employers, neighbors or leave messages with anyone regarding your debt.

Know your rights as a consumer. The Fair Debt Collection Practices Act (FDCPA) was designed to help prevent creditor abuse and harassment.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.