With so many people living from paycheck to paycheck, it’s not hard for your debts to become impossible to deal with. If your accounts are turned over to a collection agency that harasses you for payment it gets worse. Don’t let yourself be abused: when a debt collector gets too aggressive, contact a consumer attorney.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, prohibits debt collectors from using deceptive collection tactics to make debtors pay. Consumer complaints can lead to an agency being fined, so if you are subjected to abuses like those below, hire a consumer attorney.
- Cursing and calling you names
- Calling you at an inconvenient time
- Telling your friends and family that you owe money and they are trying to collect it from you
- Telling you that you have committed a crime and will be arrested if you don’t pay
- Failing or refusing to identify themselves as debt collectors in every communication
- Reporting false information to the credit bureaus
Company Profile: Brumbaugh & Quandahl
If you are being called by Brumbaugh & Quandahl, a company overview is below.
Brumbaugh & Quandahl, which also does business as BQ & Associates, is a debt collection law office in Omaha, Nebraska, with branch offices in Kansas City, Missouri and Des Moines, Iowa. It was established in 1988, has 40 employees, and is managed by its CEO, Kirk Brumbaugh. The PACER website holdings include information revealing that consumers who believed that they were being harassed by Brumbaugh & Quandahl acted on their rights.
Alleged Violations against Brumbaugh & Quandahl*
According to information on the PACER website, in or around January or February 2013, Brumbaugh & Quandahl left a voice message for a Nebraska consumer.
In the voice message, the caller stated that they were calling about an “important personal matter,” and advised the consumer that it was not a “sales call.” They also provided him with the reference number 13800025 to provide when returning the call, but allegedly said nothing about being a debt collector trying to collect a debt
Feeling harassed by Brumbaugh & Quandahl, the consumer filed a lawsuit against the firm for:
- Failing to identify itself as a debt collector in all communications
- Using false, deceptive, and misleading means to collect a debt
- Using harassing and abusive means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If they ever appear on your caller ID, you are being called by Brumbaugh & Quandahl and should seek legal advice. If they leave voice messages that don’t identify them as debt collectors (making it impossible for you to make an informed decision whether or not to call back), hire a consumer lawyer and file a claim against Brumbaugh & Quandahl. You could be awarded damages of $1,000 in addition to court costs and attorney fees. When a debt collector goes too far, they literally have a lot to lose.
*Case taken from PACER (www.pacer.gov). File number is 8:13-cv-00114-FG3 from the United States District Court for the District of Nebraska.
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 Brumbaugh & Quandahl or any other third-party collection agency, you may not be entitled to any compensation.