DEBT BLOG

COLLECTION AGENCIES USE FAKE CALLER ID TO DECEIVE ARIZONA CONSUMERS

2011-11-23T16:09:02Z

Collection agencies are increasingly disguising their real identity by using fake caller ID to get Arizona consumers to pick up the phone. When a debtor fails to answer collection calls, collection agencies are using local numbers or common business names in the caller ID line to get people to answer the calls.

Even though there are regulations and laws against “caller ID spoofing,” collectors use it as a way to get consumers to pick up their phone.

However, a collection agency violates the Fair Debt Collection Practices Act (FDCPA) if it “spoofs” its identity in a call to a consumer to collect a debt.

If you are an Arizona consumer who has been contacted by a third-party debt collector or debt buyer and feel that their collection actions were deceptive, unfair, harassing, or abusive, please call attorney Floyd W. Bybee at (480) 756-8822.

West Asset Management Inc. Agrees to Pay $2.8 Million to Settle FTC Complaint.

2011-11-07T20:29:14Z

The collection agency West Asset Management has agreed to pay a civil penalty to settle the Federal Trade Commission’s complaint against it for violating the Fair Debt Collection Practices Act. West Asset Management was accused of the following illegal behavior:

•    Misrepresenting itself as a law firm or that its collectors are attorneys;
•    Misrepresenting that debtors will be arrested or have their property seized if they don’t pay;
•    Threatening actions that would be illegal, or actions that the company has no intention of taking;
•    Making false statements to collect a debt or obtain information about a consumer;
•    Withdrawing funds from consumers’ bank accounts or charging their credit cards without their consent;
•    Depositing postdated checks before the date on the check, or threatening to do so;
•    Revealing to third parties that a consumer owes a debt;
•    Asking a third party for a consumer’s location information more than once without the third party’s consent or a reasonable belief that the person’s earlier response was wrong or incomplete and that the person now has correct location information;
•    Calling consumers before 8 a.m. or after 9 p.m., or at their workplace;
•    Communicating with a consumer after receiving written notice that the consumer refuses to pay or wants the collector to stop calling; and
•    Using obscene or profane language, or harassing consumers with repeated phone calls.

West Asset is not the only agency that uses all or some of these illegal collection tactics against Arizona debtors.

If you are an Arizona consumer who has been contacted by a third-party debt collector or debt buyer and feel that their collection actions were deceptive, unfair, harassing, or abusive, please call attorney Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822.

Equable Ascent Financial, LLC Loses Credit Card Collection Lawsuit and Ordered to Pay Consumer’s Attorney’s Fees.

2011-11-07T20:11:36Z

A Maricopa County justice court recently ruled in favor of an Arizona consumer in credit card collection lawsuit brought by debt buyer Equable Ascent Financial, LLC. The Court has also ordered the debt buyer Equable to pay the consumer’s attorney fees.

The court held that Equable’s witness and exhibits were insufficient to prove that it owned the consumer’s credit card account it was attempting to collect, and entered judgment in the debtor’s favor.

Here is a short list of Debt Buyers who file suit against Arizona consumers:

Acarta, LLC
Action Financial
Arrow Financial Services (Delaware)
Asset Acceptance LLC (Delaware)
Bauhinia, LLC
CACV of Colorado
Cavalry Portfolio Services
Collins Financial
Copper State Financial Management, LLC
Debt Buyers Inc.
DSS Financial Group, LLC (Arizona)
Elche, LLC
Equable Ascent Financial, LLC
Fortis Capital LLC( Florida)
Incepta LLC
LVNV Funding, LLC
Main Street Acquisition Corp. (Maryland)
Masari Investments
Midland Funding, LLC
Midland Credit Management
Nu Island Partners, LLC
Palisades Recovery
Persolve, LLC (Delaware)
Precision Recovery Analytics, Inc.
Portfolio Recovery
Rail Limited Partnership
Skystreak LLC
Unifund CCR Partners
Velocity Investments
Western States Financial Management LLC
Worldwide Asset Management

If you are an Arizona consumer who has recently been served with a lawsuit by a debt buyer, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation to see if you may have a defense to the lawsuit.

National Service Bureau Gets Sued in Arizona Federal Court

2011-08-13T21:34:56Z

National Service Bureau, who true name is Seattle Service Bureau was recently sued by my office for violating the federal Fair Debt Collection Practices Act ("FDCPA"). In the federal district court complaint, the Arizona consumer alleges that National Service Bureau repeatedly called her at work, left messages with co-workers, and never identified that he was trying to collect a debt, or that he was working for a collection agency.

The reason so many Arizona debtors receive phone calls at work from collection agencies is that the agency is trying to harass or embarrass you. Calls to work scare consumers into believing that if they don't pay the debt immediately, they may end of losing their jobs. AND IT WORKS!

Many times debts which are not owed are paid by scared consumers worried that they may lose their job if the calls continue.

Under the FDCPA, a collection agency that continues to call an Arizona debtor work, when they know that the debtor cannot receive personal calls at work violate the FDPCA. Leaving a message with a co-worker IS ALWAYS a violation of the FDCPA.

The FDCPA provides the Arizona consumer with the right to collect statutory damages of up to $1,000, plus any actual damages suffered. Actual damages includes emotional distress, humiliation and embarrassment. The FDCPA also makes the debt collection agency, National Service Bureau in this case, pay for your attorney's fees and all the court costs.

If you are being harassed by a debt collection agency, feel free to call attorney Floyd W. Bybee to see if you have a claim. The call consultation is free with no obligation.

ARIZONA Consumer Sues Allied Interstate for FDCPA Violations

2011-08-13T21:25:12Z

We recently sued Allied Interstate LLC on behalf of an Arizona consumer for Allied's continuing attempts to collect a student loan debt that had been previously settled. The Arizona consumer had settled his legal obligation on the debt over four years previously, but Allied continued to try to collect the debt.

Under the Fair Debt Collection Practices Act ("FDCPA"), a collection agency that continues to collect on a debt that it knows has been satisfied violates the FDPCA.

The FDCPA provides the Arizona consumer with the right to collect statutory damages of up to $1,000, plus any actual damages suffered. The FDCPA also makes the debt collection agency, Allied Interstate in this case, pay for your attorney's fees and all the court costs.

If you are being harassed by a debt collection agency, feel free to call attorney Floyd W. Bybee to see if you have a claim. The call consultation is free with no obligation.