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Updated on Author: Contributor: Sergei Lemberg

Being Called By Ben Franklin Finance, LLC? Here’s What to Know

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Harassment

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Debt collectors can be demanding and aggressive, but don’t let them bully you into paying debts you can’t afford. If they curse at you, threaten nonexistent legal action or attempt to humiliate you in front of your friends and family, they’ve broken the law and you can sue.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers like you from debt collectors who take things too far. This law forbids actions like the following during attempts to collect a debt.

  • Refusing to validate the debt
  • Calling you at work when your employer does not allow such calls
  • Demanding payment for a time-barred debt
  • Pretending to be police officers or attorneys
  • Calling and hanging up or leaving a stream of pre-recorded messages
  • Telling your friends, neighbors, and co-workers that you owe money

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Company Profile: Ben Franklin Finance, LLC

If you are being called by Ben Franklin Finance, LLC, a company summary is below.

Ben Franklin Finance, LLC is a collection agency in Greenwood, Indiana. It commenced operations in 2014, has fewer than five employees, and is managed by David Christy. According to its website, the company specializes in financing academic products for consumers. Reviewing the litigation files at the PACER website shows that those who felt harassed by Ben Franklin Finance, LLC got a free evaluation from a consumer lawyer before fighting back.

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Alleged Violations against Ben Franklin Finance, LLC

According to PACER, in or around the summer of 2019, Ben Franklin Finance, LLC began calling an Indiana consumer, alleging that he had defaulted on a finance agreement.

On August 22, 2019, the consumer sent the company an email directing it to stop contacting him, but Ben Franklin Finance, LLC allegedly called him several more times. When he answered these calls, he heard pauses and/or clicks and a delay at the beginning, making him suspect that an autodialer was being used. Then, on or about September 5, 2019, the company had a letter sent to him titled “Final Notice before Legal Action.”

Feeling harassed by Ben Franklin Finance, LLC, the consumer sued the agency for:

  • Using unfair and unconscionable methods to collect a debt
  • Using false, deceptive, and misleading methods to collect a debt
  • Threatening legal action it did not intend to take

The matter was later settled.

Being Called By Ben Franklin Finance, LLC? Here's What to Know

Need Help With Ben Franklin Finance?

Call for a Free Case Evaluation Now!

Hire a Consumer Lawyer

The phone numbers for this debt collection agency are:

If either of them pop up on your caller ID, it means that Ben Franklin Finance, LLC is calling you. If they harass you by calling you with an autodialer, hire a consumer lawyer and file a claim against Ben Franklin Finance, LLC. The court could award you $1,000 in statutory damages, showing the company that their harassment of you was an expensive mistake.

Need Help With Ben Franklin Finance?

Call for a Free Case Evaluation Now!

Additional Resources

*Case taken from PACER (pacer.gov). File number is Case 2:19-cv-00270-SCJ from the United States District Court for the Northern District of Georgia, Gainesville 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 Ben Franklin Finance, LLC or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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