The pandemic has left millions of people unemployed and unable to keep up with their debts. Before the crisis hit, 68 million people had a debt in collections, and the Urban Institute expects that number to increase. If collection agencies start calling you, you need to know your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices was passed in 1977 to stop collection agencies from driving people to bankruptcy, but even today, debt collectors push these boundaries, believing that the consumer will be too intimidated to report them.
- Calling your relatives and friends about the debt
- Using obscene, profane, and threatening language
- Saying that they will file a lawsuit that day if you don’t pay
- Calling anyone except you, your spouse, or attorney about the debt
- Threatening legal actions it has no intention of taking
- Demanding payment for a debt discharged in bankruptcy
Company Profile: Borenstein & Associates
Borenstein & Associates, which formerly did business as Silverman & Borenstein, is a debt collection law office located in Centennial, Colorado. It opened for business in 1983, employs 54 people, and is overseen by Irvin Borenstein. The PACER legal archive holds records confirming that those who believed Borenstein & Associates was harassing them took their case to court.
Alleged Violations against Borenstein & Associates
According to PACER, on or around November 7, 2014, Borenstein & Associates sent a collection letter to an Illinois consumer. It was followed by another letter on November 20, 2014, which suggested that judicial enforcement could be used to collect the money, although the 30-day dispute period was still in effect.
Feeling harassed by Borenstein & Associates, the consumer got a free case evaluation from a consumer lawyer before taking the firm to court for:
- Demanding payment during the dispute period
- Threatening action it was not in a legal position to take
Borenstein & Associates was required to pay the plaintiff $1,000 plus attorney fees.
Hire a Consumer Lawyer
The phone number for this debt collection agency is 303-768-0200. If you see it on your caller ID, it means that Borenstein & Associates may be trying to call you about a debt. If they hint at legal action before you’ve even had a chance to dispute the debt, hire a consumer lawyer and file a claim against Borenstein & Associates. The firm could be ordered to pay you $1,000 per violation. Being in debt does make you a target of abuse, and the FDCPA reminds unethical debt collectors of that fact.
*Case taken from PACER (pacer.gov). File number is Case: 1:14-cv-10344 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 Borenstein & Associates or any other third-party collection agency, you may not be entitled to any compensation.