Missy Clyne Diaz  |  November 26, 2014

Category: Consumer News

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cell phoneA California woman is suing a Florida debt collection agency alleging that it violated the federal Fair Debt Collection Practices Act (FDCPA) when attempting to recover a debt.

Plaintiff Dena Phillips accuses Enhanced Recovery Company of Jacksonville, Florida, in the FDCPA lawsuit of unlawfully calling and harassing her and her husband over money they allegedly owed to AT&T.

Beginning in December 2013, Enhanced Recovery began placing calls to Phillips’ and her husband’s cell phones at “an annoying and harassing rate, calling Plaintiff and her husband every day.”

During a conversation with Phillips’ husband, Enhanced Recovery demanded immediate payment of the alleged debt without informing Phillips’ husband of his right to dispute the debt, even though he had disputed it, according to the unlawful debt collection lawsuit.

The debt collector threatened to garnish Phillips’ husband’s wages if he did not pay the debt. The debt collector informed Phillips’ husband that the company would “seek alternative ways to have the alleged debt paid if Plaintiff’s husband did not pay,” something Phillip’s husband interpreted to mean the company would sue him.

Despite requests that Enhanced Recovery cease calling, the agency continued to pursue the couple, according to the FDCPA lawsuit, using an autodialer system to place repeated collection calls.

Neither Phillips or her husband ever provided their cell phone numbers or consent to be contacted by Enhanced Recovery. Even if they had, according to the debt collection lawsuit, Phillips’ husband instructed them to stop calling. The calls resulted in charges incurred by Phillips for incoming calls.

The calls were intended to “unjustly condemn and vilify Plaintiff and her husband for their non-payment of the debt Plaintiff’s husband allegedly owes,” and to produce an “unpleasant and/or hostile situation between Defendant, Plaintiff, and Plaintiff’s husband. The natural consequences of Defendant’s statements and actions was to cause Plaintiff and her husband mental distress.”

Congress passed the FDCPA in 1977 to establish legal protection from abusive debt collection practices. The law forbids debt collectors from engaging in harassing tactics, using abusive language, threats or contacting consumers after the consumer has notified the collector they do not wish to be contacted.

Debt collectors may not collect debts not owed by the debtor, such as debts discharged in bankruptcy or previously settled by the debtor. The law also prohibits improper reporting to credit agencies. The types of debts that may be reported to credit agencies are clearly defined yet many companies report unqualified debt even if they have no right to collect on it.

Solicitors may not call residences before 8 a.m. or after 9 p.m. and are required to identify themselves and provide the name of their company as well as a telephone number or address where the company can be contacted. Solicitors must also maintain a company-specific do-not-call list which is to be honored for five years.

Courts have awarded consumers millions of dollars stemming from class action lawsuits for violations of the FDCPA.

Join a Free Unfair Debt Collection Class Action Lawsuit Investigation

If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.

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