Debt collectors call millions of consumers every year, and judging by the number of complaints received by the Federal Trade Commission, the communications are not always pleasant ones. If you are dealing with a collection agency that freely uses threats and bullying to get you to settle an account, don’t pay them. Contact a consumer lawyer instead.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is intended to protect the rights of consumers who owe money.
It regulates the conduct of third-party collection agencies and will fine any company that uses the following means to get a consumer to pay.
- Using profane and obscene language
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Demanding amounts not supported by law or the original creditor agreement
- Calling you at work when your employer does not allow such calls
- Reporting false information to the credit bureaus
- Pretending to be government agents or law enforcement
- Saying they have court papers to serve on you when they don’t
Company Profile: Alliant Capital Management
If you are being called by Alliant Capital Management, some background information about the company is available below.
Alliant Capital Management is a debt collection agency located in Amherst, New York. It was founded in 2013, has six employees, and is managed by Sandra Serio. The Better Business Bureau placed the following notation on this company’s file:
“(The) BBB has complaints from consumers in states that require licenses, bonding, and certificates of authority to operate. The business does not have the requirements for debt collection in the following states: Nebraska, North Carolina. The business responded that it is currently acquiring necessary documents.”
An examination of litigation records archived at the PACER website indicates that consumers who believed they were being harassed by Alliant Capital Management were firm in their determination to protect their rights.
Alleged Violations against Alliant Capital Management*
According to PACER, on or about February 2, 2017, Alliant Capital Management allegedly attempted to collect a debt from an Illinois consumer by calling his father-in-law and asked him to relay a message to him regarding a “claim number” against him.
Feeling harassed by Alliant Capital Management, the consumer hired an attorney and filed an FDCPA lawsuit against the agency for allegedly:
- Referencing his debt with an uninvolved third party
- Using harassing and oppressive means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for Alliant Capital Management are:
If you see any of them on your caller ID day or night, it means that Alliant Capital Management is calling. If they try to get you to pay by embarrassing you in front of your family, make an appointment with a consumer lawyer and review your options.
If you file a claim against Alliant Capital Management and the outcome is in your favor, you could receive statutory damages, punitive damages, and legal fees. You may owe money, but if the agency abuses your rights to collect it, the mistake could cost them.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:17-cv-05814 from the United States District Court for the Northern District of Illinois, Eastern Division.
*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 Alliant Capital Management or any other third-party collection agency, you may not be entitled to any compensation.