If any of your debt payment have fallen into arrears, you will eventually hear from debt collectors. They could bully you over the phone, threaten to garnish your wages, or embarrass you by discussing the debt with people you know. If this happens, know your rights and what you can do to fight back.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects indebted consumers from harassment by third-party collection agencies. This consumer protection law prohibits debt collectors from using methods like the following to make you pay.
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m
- Publicly posting details of a debt on social media and other public outlets
- Swearing, raising their voice, and making threats
- Discussing your debt with anyone except you, your spouse, or your attorney
- Pretending to be attorneys or police officers
- Disguising the fact that they are debt collectors trying to collect a debt
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Company Profile: Challenge Financial Services, Inc.
If you are being called by Challenge Financial Services, Inc., information about the company is below.
Challenge Financial Services, Inc. is a debt collection agency located in Orange, California, with offices in Chula Vista, California, Tucson, Arizona, and Phoenix, Arizona. It was established in 1994, has 20 to 49 employees, and is managed by its President, Jeff Mortis.
Legal records on file at the PACER (Public Access to Court Electronic Records) website reveal that consumers who felt they were being harassed by Challenge Financial Services, Inc. challenged the agency’ claims -and its collection methods- in court.
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Alleged Violations against Challenge Financial Services, Inc.
According to PACER, in or around May 7, 2015, Challenge Financial Services, Inc. began calling two California residents to collect an auto loan debt.
On or about August 8, 2015, a collector called one of the plaintiffs and allegedly stated to her that the other plaintiff, her husband, had “another chick” answering his phone and that her husband was a “foul dude.”
Another collector allegedly called the plaintiff’s husband’s workplace and discussed the debt with his employer.
Feeling harassed by Challenge Financial Services, Inc., The California residents hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using harassing and abusive means to collect a debt
- Using false, deceptive and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Discussing the debt with uninvolved third parties
The matter was later dismissed.
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Hire an Attorney
The phone number for this debt collection agency are:
If any of these numbers flash on your caller ID, it means that you are being called by Challenge Financial Services, Inc.. If they are verbally abusive and try to humiliate you into paying, hire a consumer attorney.
If you file a claim against Challenge Financial Services, Inc., you may win $1,000 per FDCPA violation, plus any court costs and legal expenses. Don’t be frightened into inaction: fighting back can pay off.
Case taken from PACER (www.pacer.gov). File number is Case 8:16-cv-01136-JLS-RAO from the United States District Court for the Central District of California.
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Additional Resources
*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 Challenge Financial Services, Inc., or any other third-party collection agency, you may not be entitled to any compensation.