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Updated on Author: Contributor: Sergei Lemberg

Are You Being Called By National Recoveries, Inc.?*

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The cost of living is steadily climbing but the average income is not, which has put many people in a challenging financial situation. If they lose their jobs or become unable to work due to illness or disability, their credit card bills, student loans, and mortgages can go so deep into arrears that debt collectors get involved. Some try to harass and bully you into paying, so if this happens to you, learn more about your rights as an indebted consumer.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act, or FDCPA, governs how third-party debt collectors may interact with consumers. Approaches like the following are illegal and can lead to significant fines and other consequences.

  • Using profane or obscene language
  • Making legal threats they have no intention of following up on
  • Threatening to damage your reputation and credit rating
  • Calling at all hours
  • Refusing to validate the debt and prove that they are authorized to collect it
  • Demanding amounts not supported by the law or the original creditor agreement

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Company Profile: National Recoveries, Inc.

If you are being called by National Recoveries, Inc., information about the company is below.

National Recoveries, Inc. is a collection agency located in Ham Lake, Minnesota. It was established in 1991, has 50 to 99 employees, and is managed by its owner, Steven Cundiff.

Files archived at the PACER (Public Access to Court Electronic Records) website confirms that consumers who felt they were being harassed by National Recoveries, Inc. stood up for themselves by summoning the agency to court.

Are You Being Called By National Recoveries, Inc.?*

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Alleged Violations against National Recoveries, Inc.

Tami Waldron vs. National Recoveries, Inc.*

According to PACER, in or around July 2012, a Minnesota resident received a call from National Recoveries, Inc. regarding a school-related debt. When she explained that she had been diagnosed with cancer and was unable to work, the caller allegedly asked whether any family members could help her pay the debt. When she replied in the negative, the collector allegedly threatened to “take her to court if she did not pay the debt right away.”

Another call occurred soon afterwards. The plaintiff later claimed that when she answered the phone, a collector from National Recoveries, Inc. allegedly said immediately, “Hey [plaintiff], did you figure out how to pay for this?” When she reiterated that she had cancer, the caller allegedly laughed, accused her of being lazy, and said she needed “to get off her a** and get a job.”

During other conversations, National Recoveries, Inc. collectors allegedly threatened to settle the debt by garnishing her husband’s wages and her daughter’s social security income, and on one occasion the plaintiff was allegedly told that she could be jailed if she did not pay.

Feeling harassed by National Recoveries, Inc., the plaintiff hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:

  • Using false, deceptive and misleading means to collect a debt
  • Failing to disclose itself as a debt collector in all communications
  • Using harassing and oppressive means to collect a debt
  • Using profane and obscene language
  • Threatening legal action that could not be taken
  • Using unfair and unconscionable means to collect a debt

The matter was later dismissed.

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Hire an Attorney

The phone numbers for this collection agency include:

If you see any of them on your caller ID when the phone rings, it means that you are being called by National Recoveries, Inc.. If they belittle your inability to pay and threaten legal actions they cannot take, hire a consumer attorney.

If you file a claim against National Recoveries, Inc. and a judge decides in your favor, you could potentially receive $1,000 per FDCPA violation plus any associated costs and damages. The law affords you protections that debt collectors ignore at their own risk.

*Case taken from PACER (www.pacer.gov). File number is Case 0:13-cv-01367-PJS-LIB from the United States District Court for the District of Minnesota.

Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against National Recoveries, Inc., or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

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