Debt collectors have always been known for being brazen, but in recent times, it seems as if they’ve crossed an invisible line and become malicious. They use vile and insulting language when you pick up the phone, threaten lawsuits, and call your friends to tell them what a deadbeat you are.
This conduct is illegal under federal law, and if it happens to you, call an attorney.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects the rights of consumers who owe money. It allows you to dispute a debt, tell a collector to stop calling and sue them if they use collection methods like the following on you.
- Threatening action they are not in a position to legally take
- Failing to report a debt as disputed to the credit bureaus
- Calling you outside of the hours of 8:00 a.m. to 9:00 p.m. in your time zone
- Phoning your friends and family and telling them that you’ve committed a crime
- Demanding amounts not supported by law or the original creditor agreement
- Using an auto-dialer to send nonstop calls to your phone
- Making information about your debt publicly available
Company Profile: AscensionPoint Recovery Services
If you are being called by AscensionPoint Recovery Services, here are some additional details about the company.
AscensionPoint Recovery Services is a debt collection agency located in Coon Rapids, Minnesota. It was founded in 2007, has approximately 40 employees, and is managed by owner Daniel Bernhard. It specializes in collecting debt owed by the estate of a deceased person.
When the records retained by PACER are reviewed, it becomes clear that consumers who felt they were being harassed by AscensionPoint Recovery Services refused to yield.
Alleged Violations against AscensionPoint Recovery Services
According to PACER, on or about September 14 and 15, 2011, AscensionPoint Recovery Services sent collection letters to a New York consumer who claimed that the estate they were seeking to collect from did not exist.
She had the impression that the agency was trying to collect money from the family members of deceased debtors instead of the estate itself.
Feeling harassed by AscensionPoint Recovery Services, the consumer sought the advice of an FDCPA attorney and sued the company for allegedly:
- Failing to disclose itself clearly as a debt collector in the letters
- Using false, deceptive, and misleading means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for AscensionPoint Recovery Services are:
Seeing them appear on your caller ID at any time means that AscensionPoint Recovery Services is attempting to reach you. If they make it seem as if you are personally responsible for the debt of a deceased person, see a consumer lawyer for guidance in filing a claim against AscensionPoint Recovery Services.
If you win, the FDCPA allows for compensation of $1,000 per violation along with attorney fees and even punitive damages. Awards like these remind debt collectors that there are laws protecting consumers, even if they choose to ignore the fact.
Case taken from PACER (pacer.gov). File number is Case 1:11-cv-04955-NGG-JMA 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 AscensionPoint Recovery Services or any other third-party collection agency, you may not be entitled to any compensation.