Perry’s troubles started in May 2009, when Capital One began trying to collect an alleged credit-card debt from her, according to the suit. The company not only called her at home and at work repeatedly, it also called her family and co-workers, the suit said.
Capital One first demanded Perry pay $3,845 for purchases on a credit card. Perry disputed the debt and turned the letter over to her family lawyer, who wrote Capital One to cease and desist contacting Perry directly. Disregarding the letter, Capital One allegedly stepped up collection efforts, placing more calls to Perry and claiming that it was doing so because the lawyer did not make a substantial settlement offer to resolve the account. Telephone calls were made to her home and workplace, where she alleges, her employer does not allow personal calls.
Locating her social networking site also helped them find relatives’ Facebook pages. Then, she alleges in a lawsuit, they sent messages on the social networking site to a sister and a cousin of hers, prompting a wider family discussion about Beacham’s financial situation,
Recently, Credit Law attorney Craig Thor Kimmel appeared with NBC10’s Tracy Davidson on “Survive & Thrive” to discuss how consumers can fight back against debt collection harassment.
Consumer Attorney Craig Kimmel discusses consumer rights and the Fair Debt Collection Practices Act on KYW TV’s Talk Philly Program.
Consumers who are behind on payments and owe debt have rights that are protected by the Fair Debt Collections Practices Act and can get compensation for each violation of the FDCPA.
If the attorney has not reviewed the consumer file, he or she could not sue as no facts would be known to the attorney and threats of legal action would be deceptive
Three out-of-state lawyers, accused of using unfair tactics to collect debts in Colorado, have been banned from collecting debts for periods ranging from three years to life
It’s a decades-old practice known in legal circles as “sewer service”. This occurs when a debt collector fails to properly serve a notice of complaint (litigation) upon the defendant (debtor) and then files a false affidavit claiming the notice has been properly served.
Consumer credit laws are being created in many states that will force debt collection agencies to prove that the debt they purchased for pennies on the dollar exists and the consumer legitimately owes the money.
