If Allen & Associates is calling you and harassing you about a debt, you need to know about your rights.
Debt collectors are notorious for crossing the line. They will call you late at night, threaten to have you arrested and sent to jail, or contact your friends, colleagues, and family to embarrass you into paying.
They count on you not being aware of your rights or the law, which prohibits them from behaving in this manner.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is intended to prevent extreme collection methods by third-party debt collectors. These agencies are prohibited from using unethical means like the following to settle a consumer debt:
- Using profane and obscene language
- Demanding amounts not supported by law or the original creditor agreement
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m.
- Calling you at work after you’ve told them that your employer won’t let you take such calls
- Contacting you if the debt collector is aware that you are being represented by an attorney
- Threatening legal action they are not eligible to take or have no intention of taking
Company Profile: Allen & Associates
If you are being called by Allen & Associates, information about the company is below.
Allen & Associates is a debt collection company located in Mineola, New York. It was established in 1978, has approximately 10 employees, and is managed by its CEO, Laurence Allen.
A review of consumer-related litigation records at the PACER (Public Access to Court Electronic Records) website confirms that consumers who felt they were being harassed by Allen & Associates opted to challenge the agency’s claims in court.
Alleged Violations by Allen & Associates
Michael R. Laine vs. Allen & Associates**
According to PACER, on or around October 20, 2005 Allen & Associates allegedly contacted Pennsylvania resident Michael Laine at work to collect a debt. He advised the caller that the debt was in dispute, as it had been incurred without his approval.
The collector allegedly threatened to sue the consumer as well as report the debt to the credit bureaus.
Mr. Laine later asserted that he did not receive a debt validation letter, but that Allen & Associates sent another collection letter the following November.
This letter appeared to mock his dispute, stating, “This office is familiar with identity theft with other clients and we also find it incredulous that an individual or individuals would be privy to all the information… Please note that I am now waiting for confirmation from the airline in order to see which of your family members flew.”
Feeling harassed by Allen & Associates, Mr. Laine hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Failing to send a debt validation letter
- Using false, deceptive and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using harassing and oppressive means to collect a debt
- Threatening legal action it could not take
Hire an Attorney
The phone numbers for this debt collection agency are as follows:
If either of these numbers appear on your caller ID, it means that you are being called by Allen & Associates. If they belittle you and threaten unfounded legal action when you dispute the debt, don’t tolerate abuse- hire a consumer attorney.
If you file a claim against Allen & Associates and prevail in court, you could potentially win $1,000 per FDCPA violation plus applicable legal fees. You have rights that zealous debt collectors ignore at their own risk.
**Case taken from PACER (www.pacer.gov). File number is Case 2:06-cv-01613-JCJ from the United States District Court for the Eastern District of Pennsylvania.
*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 Allen & Associates, or any other third-party collection agency, you may not be entitled to any compensation.