No one wants to hear from a collection agency, especially when you’re in financial straits and can’t afford to pay what they’re demanding. When you refuse many of them can turn rude and relentless. You may be surprised to know, however, that by treating you this way, they are actually breaking the law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers from third-party debt collectors who routinely harassed them for payment. Under the FDCPA, actions like the following are illegal when used to pressure consumers into paying a debt.
- Using profane or obscene language
- Making threats they cannot legally carry out or have no intention of carrying out
- Discussing your debt with anyone except you, your spouse, or your attorney
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m.
- Claiming to be police officials or government agents
- Failing to report disputed debts as such to the credit bureaus
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Company Profile: Biorn Corporation, Inc.
If you are being called by Biorn Corporation, Inc., more information about the agency is below.
Biorn Corporation, Inc. is a debt collection agency in Loretto, Minnesota. It was established in 2003, has 51 employees, and is managed by its President, Craig Biorn. According to the company website, it has a special division dedicated to collecting equine industry debts.
Litigation files at the PACER website indicate that consumers who thought that they were being harassed byBiorn Corporation, Inc. obtained counsel to help them dispute the company’s claims.
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Alleged Violations against Biorn Corporation, Inc.
According to information on the PACER website, in or around March 2009, Biorn Corporation, Inc. allegedly started calling a New York consumer to collect an equestrian-related debt. The consumer alleged that the calls were prerecorded and came from a person who identified herself as ‘Anne.’
When he spoke to her, he insisted that the debt had been paid to the original creditor before they went out of business and ordered the company to stop calling. However, more calls allegedly followed.
Feeling harassed by Biorn Corporation, Inc., the consumer sued the agency for allegedly:
- Using false, deceptive, and misleading means to collect a debt
- Failing to send a debt validation letter
- Failing to identify itself as a debt collector in all communication
The matter was later dismissed.
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Hire a Consumer Lawyer
The phone number for this debt collection agency is 1-763-477-7227. If it appears on your caller ID at any time, it means that you are being called by Biorn Corporation, Inc. If they send pre-recorded calls to your cell phone and ignore your order to stop calling, your next step should be hiring a consumer lawyer and filing a claim against Biorn Corporation, Inc.
The agency could be ordered to pay you statutory damages of $1,000 per FDCPA violation and cover your legal fees, so don’t let anything hold you back from taking action.
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Additional Resources
Case taken from PACER (pacer.gov). File number is Case 1:10-cv-00067-WMS from the United States District Court for the Western 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 Biorn Corporation, Inc. or any other third-party collection agency, you may not be entitled to any compensation.