Abusive debt collectors are becoming more and more bold. They tend to earn a commission for each debt they collect, so they freely employ pressure tactics and even chase people for debts that are too old or were discharged in bankruptcy.
None of these tactics are legal.
Your Rights Under the FDCPA
When the Fair Debt Collection Practices Act, or FDCPA, became law on March 20, 1978, the goal was -and still is- to protect consumers from unfair, deceptive, and abusive debt collection practices.
Any third-party collection agency that uses these types of strategies can be fined and put out of business.
- Using profane or obscene language
- Refusing to validate the debt and prove that they are authorized to collect it
- Calling anyone except you, your spouse, or attorney about the debt
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Threatening action they are not in a position to legally take
- Failing to report a debt as disputed to the credit bureaus
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Company Profile: LendingClub Corporation
If you are being called by LendingClub Corporation, more information about the company can be found below.
The LendingClub Corporation is a peer-to-peer lending agency located in San Francisco, California.
It was established in 2007, has over 1,800 employees, and is managed by CEO Scott Sanborn.
Civil litigation listings retained by the PACER website confirm that consumers who believed that they were being harassed by LendingClub Corporation exercised their right to sue.
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Alleged Violations against LendingClub Corporation
According to PACER, on or around June 16, 2017, a representative of LendingClub Corporation sent a collection letter to a New York consumer.
He alleged that it failed to advise him that the amount demanded could increase due to interest, late fees, and other fees.
Feeling harassed by the LendingClub Corporation, the consumer retained legal counsel and sued the company for using false, deceptive, and misleading means to collect a debt.
The matter was later settled.
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Hire a Consumer Lawyer
The phone number for this debt collection agency is 1-888-596-3157. Seeing it on your caller ID means that you are being called by LendingClub Corporation.
If they send a collection letter that makes it difficult to determine precisely what you owe, hire a consumer lawyer and file a claim against LendingClub Corporation.
Failure to be completely transparent in all payment demands is a violation of the FDCPA, and you could receive statutory damages of $1,000 as a result.
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Additional Resources
Case taken from PACER (pacer.gov). File number is Case 2:18-cv-03459-JFB-AYS from the United States District Court for the Eastern District of New York.
*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 LendingClub Corporation or any other third-party collection agency, you may not be entitled to any compensation.