It is extremely stressful to owe more money than you can ever hope to pay back within a reasonable time frame. When you’re no longer able to make the minimum payments and your creditors finally turn the accounts over to a professional collection agency, a nightmare can result, unless you know your rights and are prepared to act on them.
The FDCPA And How Your Rights Fall Under It
The Fair Debt Collection Practices Act gives indebted consumers the right to dispute a debt and tell a collector to stop contacting it them. This consumer protection law also does not allow third-party debt collectors to use tactics like those below to bully or harass you into paying.
- Using profane or obscene language
- Contacting your friends, family and co-workers and discussing the debt with them
- Calling you at times deemed inconvenient
- Demanding outrageous ‘fees’ in addition to the original debt
- Telling you that you can be arrested and sent to prison if you don’t pay
- Contacting you even after you’ve ordered them to cease communications
Company Profile: 1st Credit of America, LLC
If 1st Credit of America, LLC is calling you, here are some additional company details.
1st Credit of America, LLC, which also does business as First Credit of America, is a collection agency based in Chicago, Illinois. It opened for business in 2004, has 20 employees, and is managed by Addie Watkins.
Digitized records at the PACER website suggest that consumers who believed that they were being harassed by 1st Credit of America, LLC escalated the matter to the court system.
Alleged Transgressions 1st Credit of America, LLC Has Been Accused Of
According to court records, on or around July 29, 2006, 1st Credit of America, LLC emailed a collection letter to a New York consumer. The amount demanded included a collection fee of $37.00, which the consumer believed was not authorized by law or the original creditor agreement.
Feeling harassed by 1st Credit of America, LLC, the consumer retained an attorney and sued the agency for allegedly:
- Trying to collect an amount not permitted by law or the original creditor agreement
- Misrepresenting the character, amount, or legal status of the debt
- Using unfair and unconscionable means to collect a debt
The matter was dismissed.
Hire a Consumer Lawyer
1st Credit of America, LLC’s phone numbers are:
Their presence on your caller ID indicates that you are being called by 1st Credit of America, LLC. If they add an unauthorized collection fee to the debt, don’t assume that you have to pay it. Instead, hire a consumer lawyer and file a claim against 1st Credit of America, LLC.
Any debt collector that adds illegal fees to the total can be ordered to pay you $1,000 in statutory damages, so don’t be bullied into paying what you don’t legally owe.
Case taken from PACER (pacer.gov). File number is Case 1:06-cv-05528-JBW-MDG 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 1st Credit of America, LLC or any other third-party collection agency, you may not be entitled to any compensation.