If you have an account in collections, you will be subjected to a certain amount of pressure, as debt collectors are notorious for employing tactics that encourage you to pay the debt as quickly as possible and in full. Some of these strategies, however can quickly become abusive, which you do not have to tolerate. If it happens to you, read on.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in September 1977 to give indebted consumers certain rights and protections while preventing debt collectors from using tactics like those below when collecting a debt.
- Using profane and obscene language
- Calling at unreasonable and inconvenient times, such as before 8:00 a.m. or after 9:00 p.m. in your time zone
- Threatening to have you arrested if you don’t pay
- Calling you several times per day using an autodialer
- Pretending to be police officers or government agents
- Telling you that you can arrested or imprisoned for nonpayment of a debt
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Company Profile: Capitol Recovery Associates
Capitol Recovery Associates is a debt collection agency located in Harrisburg, Pennsylvania. It was established in 1989, has 100 to 249 employees and is managed by its President, Hap Seiders. Records on file at the PACER (Public Access to Court Electronic Records) website reveal that Capitol Recovery Associates has been sued for allegedly violating the FDCPA during its years in business.
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Alleged Violations against Capitol Recovery Associates
David J. King vs. Capitol Recovery Associates
According to PACER**, in early 2008, Capitol Recovery Associates began contacting Pennsylvania resident David J. King about an alleged debt. He later claimed that on March 6, one collector called him and said that if he did not pay $800 immediately, “we will put a warrant out for your arrest.” On April 1st, Capitol Recovery Associates allegedly contacted Mr. King’s grandparents and said, “There are two counts of fraud pending against David.” Stressed and embarrassed, he 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
- Using oppressive and harassing means to collect a debt
- Discussing the debt with uninvolved third parties
The matter was later resolved.
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Hire a Creditor Harassment Attorney
The phone number for Capitol Recovery Associates is 1-717-237-5560. If your phone rings and you see it on your caller ID, a debt collector is looking for you. If they threaten to have you arrested and freely discuss your debt with family members, hire a consumer attorney. Such collection tactics are flagrant violations of the FDCPA, and you could potentially win $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. When a collection agency mistreats you, the law gives you a platform to seek compensation and penalize the agency in the process.
**Case taken from PACER (www.pacer.gov). File number is (Case 1:08-cv-00753-SHR from United States District Court for the Middle District of Pennsylvania)
*Disclaimer:
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Bay Area Credit Service or any other third-party collection agency, you may not be entitled to any compensation.