Are you being called by Budget Control Services, Inc.? Learn what you can do to protect your rights!
When hard times hit and your financial obligations go into arrears, some of your creditors may hire a third-party collection agency to obtain the outstanding amounts.
Even if the account is charged off, it could be sold to a junk debt buyer, who buys it for a fraction of the amount owed and then proceeds to pursue you for the full balance.
Whatever the reason for reaching out to you, debt collectors must respect your rights when dealing with you, or risk penalties.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to combat abusive debt collection tactics. It protects consumers by prohibiting debt collectors from using methods like the following to collect a debt:
- Calling you at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. your time
- Swearing and yelling to intimidate you into paying
- Calling non-stop with the intention of annoying and harassing you
- Ignoring your request to cease communications
- Using obscene and / or abusive language
- Calling you at work after you inform them that such calls are not permitted
Company Profile: Budget Control Services, Inc.
If you are being called by Budget Control Services, Inc., information about the company is below.
Budget Control Services, Inc. is a debt collection agency located in Aurora, Colorado. It was established in 1987, has approximately 15 employees, and is managed by its President, Timothy Martin. Digital court records archived at the PACER (Public Access to Court Electronic Records) website indicate that several consumers who believed they were being harassed by Budget Control Services, Inc. opted to confront the company in court.
Alleged Violations By Budget Control Services, Inc.
Saundra Taylor, on behalf of herself and all others similarly situated vs. Budget Control Services, Inc. d/b/a BCS, Inc.**
According to PACER, in September 2012 Budget Control Services, Inc. sent a Colorado consumer a collection letter demanding payment of a consumer debt.
She later alleged that it failed to provide her with the disclosures required by law and that no validation letter followed within five days. Another letter arrived the following month, this one stating, in relevant part:
***DEMAND FOR PAYMENT IN FULL***
Your creditor has referred your past due account to our collection agency for payment of the balance in full. Protect your credit by mailing the payment in full to our office. Please act now to protect your credit record.
* * * *
Unless you dispute the validity of this debt or any portion thereof in writing within 30 days after receipt of this letter we shall assume this debt is valid.
The consumer asserted that this October 19, 2012 letter misrepresented her right to dispute in that that she had thirty days from that date to exercise her dispute rights when in fact the dispute period began with the first letter received in September.
Feeling harassed by Budget Control Services, Inc., she hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA in the following ways:
- Using false, deceptive and misleading means to collect a debt
- Failing to send a debt validation letter after the first communication
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency are:
If either number appears on your caller ID when the phone rings, it means that you might be being called by Budget Control Services, Inc.. If they send you collection letters that confuse or obscure your dispute rights, hire a consumer attorney. If you file a claim against Budget Control Services, Inc. with your attorney’s assistance and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages.
Every so often collection agencies need such reminders that the law is in place for a reason, and there are consequences for breaking it.
**Case taken from PACER (www.pacer.gov). File number is Case 1:13-cv-02590-WYD-KLM from the United States District Court for the District of Colorado.
*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 Budget Control Services, Inc., or any other third-party collection agency, you may not be entitled to any compensation.