Debt Collector’s Door Hangers Lead to Certified Class Action
On September 17th, 2014, a federal judge certified a class action alleging that Safeguard Properties LLC broke the law when it hung “please call” notes on the doorknob of a homeowner in an attempt to obtain a return call.
Door hangers were left on the front door of Lucille Simpson five times between October 2012 and February 2013, including a phone number and a request for her to call, but no further information.
In the case of Simpson v. Safeguard, the plaintiff is accusing Safeguard Properties of a direct violation of the Fair Debt Collection Practices Act (FDCPA). According to the Simpson, the door hangers failed to identify who was responsible for the notice, neglecting to mention that it pertained to collection of a debt, default, or demand for payment.
The FDCPA mandates debt collectors identify themselves to those from whom they are collecting and to disclose the reason for contacting the individual. Additionally, the FDCPA requires all debt collectors to mail the debtor a specific letter within five days of initial communication, notifying the debtor of their legal rights to obtain validation of the debt, including total amount owed, the creditor’s name, and how to dispute the debt.
The outcome of this class action is not yet known, but if you find yourself in a similar situation or otherwise feel that a debt collector has gone too far, do yourself a favor and consult with an experienced consumer law attorney. Debt collectors must strictly obey the Fair Debt Collection Practices Act, and when they don’t, the consumer has specific legal rights to seek compensation.
If you’re being harassed, deceived, or abused by a debt collector, or if they fail to identify themselves as a debt collector, reach out for free legal help. An experienced consumer lawyer who knows the FDCPA can explain your rights and protect you from further harm. Start with a free case review and stop debt collector harassment today.