Statute of Limitations on Repossessions is 4 Years

The Arizona Court of Appeals recently issued an opinion addressing the statute of limitations in a repossession lawsuit to collect a deficiency. The case is titled Baseline Financial Services v. Madison, 278 P.3d 321 (2012) (click here to see a copy of the Opinion).

The opinion clarifies that the statute of limitations in Arizona for the collection of a deficiency on a repossession is four years, not six as many of the collection agencies argue. See A.R.S. § 47-2725(A).

If you are an Arizona consumer who has been sued on a deficiency balance from a repossession, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation to determine if you have a defense to the lawsuit.

Can a Collection Agency or Attorney Serve Subpoena on Your Employer?

I have recently seen several Arizona cases where the collection agency served a subpoena on the debtor’s employer prior to obtaining a judgment. This is generally illegal. The only third party contact a collection agency can make prior to taking a judgment is for obtaining location information. If they subpoena your employer and ask for anything more, then they will most likely have violated the Fair Debt Collection Practices Act, or FDCPA.

The subpoenas I have seen served on Arizona employers request information concerning the Arizona debtor’s bank account, drivers license, hire date, hourly rate, etc. All of this information is private and not allowed to be requested by subpoena in a collection lawsuit unless there has already been a judgment entered.

If you are an Arizona consumer who has been subjected to this kind of illegal invasion of your privacy, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation.

COLLECTION AGENCIES USE FAKE CALLER ID TO DECEIVE ARIZONA CONSUMERS

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.

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.

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

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

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.

MIDLAND FUNDING LLC SUED OVER “ROBO-SIGNING”

Minnesota Attorney General, Lori Swanson, filed suit against Midland Funding, LLC for filing false and unreliable affidavits in debt collection lawsuits. These are the same “robo-signed” and unverified affidavits Midland files in its Arizona collection cases.

To read the full story go here: http://www.startribune.com/business/118777379.html

What To Do If You Have Been Sued by Midland Funding, LLC

If you have recently been sued by Midland Funding, LLC, or its sister collection agency, Midland Credit Management, Inc., and believe that do not owe the debt, please contact Floyd W. Bybee at 480-756-8822

MIDLAND FUNDING LLC SUED OVER “ROBO-SIGNING”

Minnesota Attorney General, Lori Swanson, filed suit against Midland Funding, LLC for filing false and unreliable affidavits in debt collection lawsuits. These are the same “robo-signed” and unverified affidvits Midland files in its Arizona collection cases.

To read the full story go here: http://www.startribune.com/business/118777379.html

FTC Issues 2010 Annual Report on FDCPA to Congress

FTC Reports Consumer Complaints Rise 17% in 2010

The Federal Trade Commission recently issued its 2011 annual report to Congress on the Fair Debt Collection Practices Act (FDCPA) showing that consumer debt collection complaints rose 17% in 2010.  The federal agency received 140,036 debt collection complaints in 2010 compared to 119,609 in 2009.  The FTC also reported that it received more complaints about the debt collection industry than from any other specific industry.


Top Categories for Debt Collection Complaints

The top areas which consumers complain about were:

•    calling repeatedly or continuously

•    misrepresenting the character, amount or status of the debt (including demanding a larger payment that is permitted by law)

•    Failing to send consumers the required written notice about the debt and their rights

•    Threatening dire consequences if the consumer fails to pay, including false threats of legal action, threats of criminal prosecution, wage garnishment, and damage to consumer’s credit rating.

•    Failing to identify that it is a debt collector

•    Revealing alleged debt to third parties, including family, friends, and co-workers.

•    Calls to consumer’s place of employment

•    Failing to verify disputed debts

•    Continuing to contact consumers after receiving written notice to stop all communication.


FTC Provides Information About Consumers’ Rights

The FTC’s “Debt Collection FAQs: Guide for Consumers” brochure is available at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm.  The FTC also has an animated video that explains consumer rights regarding debt collection. It can be viewed at http://www.ftc.gov/debtcollection and http://www.youtube.com/ftcvideos.


FDCPA Prohibits Deceptive, Unfair and Abusive Practices

The FDCPA prohibits debt collectors from using any deceptive, unfair, and abusive collection tactics to attempt to collect a debt. Though the FTC may take action against some third-party debt collectors or debt-buyers, most Arizona consumers will obtain relief only from bringing a private action in Arizona courts.


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 Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822.


MIDLAND CREDIT MANAGEMENT, INC. CONTINUES TO COLLECT FROM ARIZONA CONSUMERS AFTER CONSUMERS FILE BANKRUPTCY

Midland Credit Management, Inc. Continues Collection of Accounts from Arizona Debtors after Receiving Notice of Bankruptcy Filing.

Midland Credit Management, Inc., the sister company to Midland Funding, LLC, seems to have made it a regular practice to ignore the notices it and Midland Funding, LLC receives from the bankruptcy court so that it can continue to collect against Arizona consumers. Midland’s actions are illegal.

Arizona Debtor Sues Midland Credit Management, Inc. in Arizona Federal District Court for Harassing Phone Calls.

In December 2010, I filed a suit under the Fair Debt Collection Practices Act or FDCPA against Midland Credit Management on behalf of an Arizona consumer who, after filing bankruptcy, continued to receive numerous harassing telephone calls from Midland.  Midland ignored the consumer’s efforts to tell the collector that she had filed bankruptcy and that she had an attorney.  Midland continued to collect on a debt that she had included in her bankruptcy.

Before the calls began, Midland Credit Management and Midland Funding, LLC had received two notices from the bankruptcy court of the consumer’s bankruptcy filing.  One notice was mailed to Midland by the bankruptcy court, and the other was electronically send by the court.  Both notices informed Midland that the debtor was represented by a lawyer, and thus it was illegal for Midland to directly contact the consumer and to attempt to collect the debt.

Arizona Consumer Sues Midland Credit Management, Inc. in Arizona Federal District Court for Contacting Her after She Had Filed Bankruptcy and Knowing She Was Represented by a Lawyer.

In the second case, Midland Credit Management, Inc. had received two electronic notices from the bankruptcy court in early November 2010 of the consumers’ bankruptcy filing.  Despite these notices, Midland sent two letters, one in November and one in December, directly to the wife demanding payment on an account it claimed was owed.  Midland also directly sent the husband a letter in January 2011 on another account that was in his name only.

FDCPA Prohibits Direct Communication with a Consumer it Knows Is Represented by a Lawyer.

The Fair Debt Collection Practices Act or FDCPA protects Arizona consumers from debt collectors communicating directly with them once they have hired a lawyer.  So, any Arizona debtor who files bankruptcy using a bankruptcy lawyer should not receive any direct contact from a debt collector.  And, if a debt collector does contact the consumer directly, then the creditor would be in violation of the FDCPA.

If you are an Arizona consumer who has filed bankruptcy using a lawyer, and has been contacted by a debt collector after the bankruptcy, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation to see if I can help you.

Why Debt Buyers Must Provide Proof Debt Ownership

I regularly hear debt buyers filing suit in Arizona courts argue that of course they own the old credit card account they are attempting to collect, otherwise they would not be suing the debtor.  And, since they say the own the debt, they do not need to provide any verifiable proof of ownership. 

When challenged to provide proof of ownership, these same debt buyers usually come up with a copy of a billing statement or two from the original credit card company, and argue that their possession of these billing statements proves that in fact they own the debt.  Other times, they simply get one of their own employees to sign an affidavit saying that the debt buyer owns the debt.

Why You Must Require Debt Buyers to Provide Verifiable Proof of Ownership.

The Associate Press recently reported that the director of a Buffalo debt collection company had sold information from the company’s computer files to two illegitimate debt collectors who then scared consumers into paying made-up debts.  There have been other reports of debt buyers selling the same account to two or more debt buyers, who both later attempt to collect on the same debt.

If you have been sued by a debt buyer, make them provide absolute proof that they are the rightful owner and assignee of the original credit card company.  They will seldom be able or willing to do so. 

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.

Arizona Federal Court finds Gurstel Staloch & Chargo Violated FDCPA.

In a recently published decision, a federal Magistrate Judge for the District of Arizona found that Gurstel, Staloch & Chargo, P.A., now known as Gurstel Chargo, P.A., now known as Gurstel Law Firm, P.C., violated the Fair Debt Collection Practices Act (“FDCPA”) because it failed to ceased communications with the consumer after she notified Gurstel both verbally and in writing that she was represented by a lawyer.  The Court also found that Gurstel violated the FDCPA by continuing to contact the consumer after she notified the firm that she disputed the debt, refused to pay, and demanded that Gurstel cease all communications with her.

A copy of the decision can be reviewed here.

If you have sent a letter (certified return receipt requested) to a debt collection company telling it that you refuse to pay the debt, or that you want it to stop contacting you, but they continue to call and / or write you, then it is violating the FDCPA as Gurstel did in this case.  You would be able to sue the collection agency and recover damages.

If you are an Arizona consumer being harassed or threatened by a debt collector or junk-debt buyer regarding a consumer debt, I can help.  Please call Floyd W. Bybee at 480-756-8822






Bartolini Finance Still Filing Suits on Old Debts.

Recently I have been contacted by several Arizona consumers who have been sued by Bartolini Finance, also known as CNAC and J.D. Byrider.  In each instance, the account defaulted over four years prior to the suit being filed.

Arizona Statute of Limitations for Collecting on a Repossession is Four (4) Years.

A.R.S. § 47-2725 requires that Bartolini Finance file its suit to collect the remaining balance on your car loan within four (4) years after the repossession.

In the cases I am seeing right now, the repossession took place nearly six (6) years ago, meaning that Bartolini is too late.  However, if the Arizona debtor does not properly respond to the lawsuit, then Bartolini is able to get a default judgment.  This is obviously what Bartolini is hoping for.

Don’t Let Bartolini Get a Default Judgment Against You!

The large majority of the cases Bartolini Finance has filed have ended up with default judgments.  Many times the interest that has accrued far exceeds the amount of the original debt. 

You must file an appropriate answer with the Court in order to avoid judgment being entered against you.

Hire a Lawyer to Assist You.

If you have been sued by Bartolini Finance, hire the assistance of an attorney.  There are several consumer lawyers in Maricopa County which are capable of defending these Bartolini Finance lawsuits.  The cost of hiring a lawyer is usually much less than the amount of the potential judgment.  Plus, with the damage to your credit file by having a judgment entered, the cost of obtaining legal counsel is usually well worth it.

I would be glad to assist you in reviewing your case to see if you have a valid defense.  Please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a consultation.



Arizona Consumers Hounded on Discharged Debt.

Are you an Arizona consumer who has filed bankruptcy within the past few years?

Are your creditors still trying to collect your discharged debt?

Are your discharged debts still reporting as owed on your credit report?

I am regularly contacted by Arizona debtors who are still suffering the collection harassment the bankruptcy was supposed to stop!  Unfortunately, many creditors sell the debts after they get notice of your bankruptcy. And, the debt-buyers who buy these accounts ignore the bankruptcy and hope you will too.

Sometimes their tactics are subtle, like reporting the accounts as outstanding to the credit bureaus, or sending soft letters suggesting that paying the debt will improve your ability to get new credit.  Either way, they are violating the bankruptcy laws and perhaps the federal Fair Debt Collection Practices Act (FDCPA).

Sometimes they act much more boldly.  When you question the validity of the debt, the creditor or debt-buyer will suggest that perhaps the debt was not discharged in the bankruptcy and that you still owe the money.

The bottom line is that if a creditor, a debt-buyer, or a collection agency makes any attempt to collect one of the debts included in your bankruptcy, they have violated the law.

If you are an Arizona consumer, I may be able to help you stop the collection attempts, and recover damages from these unscrupulous collectors.  I offer a free phone consultation.  

Call me, Floyd W. Bybee, at 480-756-8822

J.R. Brothers Sued by Arizona Consumer over Illegal Threats.

My office recently filed suit on behalf of an Arizona consumer against J.R. Brothers Financial, Inc., an Arizona collection agency. The lawsuit alleges that the J.R. Brothers’ collector told the consumer that because she had written a bad check, she had committed a felony.  It also alleges that J.R. Brothers’ threatened to “press charges” against her for passing a bad check.  Finally, the suit alleges that the collector told the consumer that her doctor would no longer see her because she had not paid her bill. These threats violate federal law!

False Threats Under FDCPA Illegal.

The basis for the Arizona lawsuit is that J.R. Brothers violated the Fair Debt Collection Practices Act or FDCPA by making false threats to coerce payments on a debt.  Even when a debt is owed, a collection agency such as J.R. Brothers is prohibited from threatening or implying criminal prosecution unless the action is lawful (which it was not here), and the debt collector intends to take such action (which it did not intend to take here).

J.R. Brothers’ false statement that the doctor would no longer see the consumer as a patient is also illegal under the FDCPA.

Any false or misleading representations made in connection with the collection of a debt are prohibited by the FDCPA.

FDCPA Provides Recovery of Damages for False or Misleading Representations.

The FDCPA provides that any collection agency, such as J.R. Brothers in this instance, is liable to the consumer for money damages for making false or misleading statements or representations in order to collect a debt. Damages under the FDCPA include statutory damages of up to $1,000, plus actual damages resulting from the violation. They are also liable for court costs and attorney’s fees.   

Take Action to Stop Collection Harassment.

If you are being harassed or threatened by a debt collector or junk-debt buyer regarding a consumer debt, I can help.  Call Floyd W. Bybee at 480-756-8822

Debt Collection Harassment and Abuse Top Complaints to State Attorneys General.

The National Association of Attorneys General recently released their Top 10 List of Consumer Complaints for 2008, and Debt collection was number one.

The complete list is:
 
    1.    Debt Collection
    2.    Auto Sales
    3.    Home Repair/Construction
    4.    Credit Cards (tie)
    5.    Internet Goods and Services (tie)
    6.    Predatory Lending/Mortgages
    7.    Telemarketing/Do-Not-Call
    8.    Auto Repair
    9.    Auto Warranties (tie)
    10.    Telecom/Slamming/Cramming (tie)

Collection Harassment and Abuse Likely to Continue.

With the current economic struggles, Arizona consumers will likely continue to see increased collection harassment and abuse from collection agencies and junk-debt buyers. With fewer dollars in consumer’s pockets, collectors are resorting to more aggressive, abusive and threatening tactics to wrestle the limited money away from the consumer into their own pockets.

Report to Your State’s Attorney General.

If you have been subjected to collection harassment or abuse, you can report it to your own state’s attorney general. For you Arizona consumers, you can file a complant at the Arizona Attorney General's website.

Remedies Under the Fair Debt Collection Practices Act or FDCPA.

Remember, you also have the right to file suit against the abusive debt collector and recover damages under the Fair Debt Collection Practices Act or FDCPA.

If you are an Arizona debtor current being harassed or abused by a debt collector or junk-debt buyer regarding a consumer debt, I can help. I offer a free consultation. 

Call Floyd W. Bybee at 480-756-8822

Arizona Department of Financial Affairs Obtains Consent Decree Against Child Support Network, Inc.

Child Support Network, Inc., an Arizona collection agency, recently entered into a Consent Decree with the Arizona Department of Financial Affairs, the regulator of Arizona collection agencies.  The Decree was the result of Child Support Network’s misrepresentation of available remedies to enforce collection of a child support order, including threatening jail time and suspension of driver’s license, continued contact with the debtor’s employer, and contact with the debtor’s father threatening jail time if the father did not pay the debt.

Since this debt was for child support, there would be no remedies under the Fair Debt Collection Practices Act or FDCPA — the FDCPA requires that the debt or obligation arise out of a transaction in which the money, property, insurance, or services are primarily for personal, family, or household purposes.  However, many of the tactics used by Child Support Network are regularly employed by third party collection agencies and by junk-debt buyers collecting on consumer debts and would violate the FDCPA.  

Stop Collection Harassment Today!

If you are being harassed or abused by a debt collector or junk-debt buyer regarding a consumer debt, I can help.  I offer a free consultation.  

Call Floyd W. Bybee at 480-756-8822

 

Arizona Consumers Fall Prey to Credit Repair Organizations.

You probably have seen the signs staked in nearly every corner, or the ads in the newspapers or on the internet.  Promises to remove negative credit items, foreclosures, and even recent bankruptcies.  They are the “saviors” for those Arizona consumers who have had some bad times, and whose credit reports are not as clean as they would like.  Their promises sound tempting?  But is it legal?  NO!

These credit repair companies are regulated by federal law — the Credit Repair Organization Act or CROA.  Congress created the CROA because of the proliferation of companies promising to “clean your credit report” by use of fraudulent and illegal tactics.

Most of these companies prepare dispute letters for the consumer to send to the credit bureaus which contain false claims or misstatements of fact.  Their hope, and their gamble, is that the credit bureaus will be unable to verify the disputed items, and that they will fall off the credit report — at least for a while.  However, the account is usually verified and comes back on the report.  Again, these tactics are illegal.

The CROA prohibits these companies from:

•    making any statement which is untrue or misleading to any consumer reporting agency or credit bureau.

•    making any statement with the intended effect of altering the consumer’s credit record, history or rating for the purpose of concealing adverse information that is accurate and not obsolete to a credit bureau.

•    charging a fee or receiving any money for the performance of any service until the service is fully performed.

Credit Repair Companies Required to Give Notices of Prohibited Acts.

The CROA requires that the consumer be given certain disclosures, including what the company is prohibited from doing.  But, since they are not complying with any other aspect of the law, they typically do not give the disclosures either.  Again, this is illegal.

Accurate, Current, and Verifiable Credit Information Cannot be Removed from your credit report – legally!

Despite the promises, if the information on your credit report is accurate, current (generally meaning less than 7 years old, or 10 years for bankruptcy), and verifiable, then it cannot be legally removed.  To tell you otherwise, is a lie.  And, it is illegal to do so.

These organizations are also prohibited from advising a consumer to alter their identity to conceal adverse information that is accurate and not obsolete to any credit bureau, or to any lender.

Have you been Taken by a Credit Repair Company?

The CROA provides remedies for those consumers who have fallen prey to the false promises of a credit repair organization. Consumers are entitled to get their money back, recover any damages suffered, and have their court costs and lawyer’s fees paid.

If you are an Arizona consumer and think you have been a victim of credit repair fraud, please call Floyd W. Bybee at BYBEE LAW CENTER, PLC, (480) 756-8822. We offer free consultations for these types of cases.

Arizona Law Against Calling At Work.

I am frequently asked whether Arizona law prohibits collectors from calling a consumer at work.  While Arizona does not have its own law similar to the federal Fair Debt Collection Practices Act or FDCPA, in most cases Arizona debtors are protected by the FDCPA.  

Fair Debt Collection Practices Act (FDCPA) Prohibits Calls At Work.

The FDCPA protects a consumer from receiving calls at work “if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such [calls].”  So, if the debt collector knows — meaning you have told them before by phone (good) or by letter (better) or by certified letter sent return receipt requested (best) — that your employer does not allow you to take calls from a collector, then they can no longer call you at work.  And if they do, they have violated the FDCPA.

Calls Must Be from “Debt Collector”.

The FDCPA only applies to “debt collectors” which includes almost all collectors other than the original creditor.  For example, if the calls are coming from a junk-debt buyer, then they are covered.  If the calls are from an original pay day lender, then they are not covered.  The calls must be from a third party collection agency, collection lawyer, or a junk-debt buyer.  Original creditors are excluded.

What To Do If The Calls Keep Coming.

If a collector keeps calling you at work, even after you have told them to stop and that your boss/employer does not allow you to take these types of calls at work, then your remedy will be to take legal action against the collector.  You are entitled to recover damages, including statutory damages of up to $1,000, against any agency who has violated the FDCPA.

Call BYBEE LAW CENTER, PLC in Mesa Arizona.

Call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 to set up a free consultation.