Is Aurora Enterprises Inc Calling You?* Here's What You Need to Know
When debt collectors contact you about a delinquent account, it’s stressful for two main reasons. One, it’s a reminder that you’re experiencing financial challenges, and two, you likely can’t afford to pay what they’re demanding. It’s even worse if the collectors are rude and aggressive. You may not be able to do much about the first two situations, but as far as the third is concerned, the law is on your side.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, gives you the right to dispute a debt, demand its validation, and tell collection agencies not to contact you any more. It also prohibits debt collectors from using methods like those below to collect a debt:
- Swearing and using profane language
- Demanding amounts that exceed the original debt
- Calling you outside of the hours of 8:00 a.m. and 9:00 p.m. your time
- Discussing the debt with anyone except you, your spouse, and your attorney
- Making threats they cannot legally carry out or have no intention of carrying out
- Failing or refusing to validate the debt
Company Profile: Aurora Enterprises Inc
Aurora Enterprises Inc is a collection agency located in Denver, Colorado. It was founded in 1989, has 10-19 employees, and is managed by CEO David Marshall. Records retained at the PACER (Public Access to Court Electronic Records) website reveal that Aurora Enterprises Inc has been accused of violating the FDCPA during the debt collection process.
Alleged Violations against Aurora Enterprises Inc
Jolene Harkner vs. Aurora Enterprises Inc dba Aurora Collection Bureau dba ACBL
According to PACER**, on November 3, 2009, Colorado resident Jolene Harkner was served with a summons and complaint at her place of employment. It had been filed by Aurora Enterprises Inc to collect a debt. Two weeks later (and before the summons return date) Ms. Harkner called the agency to see if she could make payment arrangements.
She told the representative she could not pay the full amount and offered to make monthly installment payments of $100. The representative allegedly replied that she could make $100 payments and she would have to submit payment by the end of the month via either a money order or debit card. They also allegedly told her that now she didn’t have to worry about the court date and that everything was taken care of.
Ms. Harkner consequently did not file an answer or appear on the court date. As a result, the court entered a default judgment against her on December 31, 2009. She continued to send $100 monthly payments through November 3, 2011.
A payment was scheduled to be withdrawn from Ms. Harkner’s account on November 25, 2011. But funds were not available. Aurora Enterprises Inc collectors called her and allegedly stated that she could no longer make payments and they would be garnishing her wages. Although they had allegedly accepted late payments in the past, the company filed a Writ of Continuing Garnishment with Larimer County Court on December 6, 2011.
Ms. Harkner hired a consumer attorney and sued Aurora Enterprises Inc for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, or misleading means in connection with the debt collection
- Using unfair and unconscionable means to collect a debt
The matter was later settled.
Hire an Attorney
The phone numbers for Aurora Enterprises Inc are:
If you see either number on your caller ID when the phone rings, it means that a debt collector is trying to contact you. If they renege on payment arrangements and use similarly unfair means to collect a debt, hire a consumer attorney. If you sue Aurora Enterprises Inc and win your case, the company could be compelled to pay you $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. No matter how much money you may owe, it has to be collected in accordance with the law.
**Case taken from PACER (www.pacer.gov). File number is (Case 1:11-cv-03189-WYD-KLM from United States District Court for the District of Colorado)
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Aurora Enterprises Inc or any other third-party collection agency, you may not be entitled to any compensation.