People fall into serious debt for a number of reasons, such as illness, job loss, illness, or an unexpected and urgent expense. None of these mishaps may be your fault, but the result remains the same: once an account is delinquent, creditors will assign them to third-party debt collectors who will proceed to go into overdrive to settle the accounts.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect indebted consumers from harassing and abusive debt collection practices like those below:
- Discussing the debt with anyone but you, your spouse, or your attorney
- Threatening to report the debt to the credit bureaus until it is paid
- Using profane and obscene language to intimidate you
- Calling before 8:00 a.m. and after 9:00 p.m., in your time zone
- Calling you at work if they know or have reason to know that such calls are not allowed
Company Profile: CACH, LLC
CACH, LLC, also known as Fresh View Funding, is a debt buyer and collector located in Denver, Colorado. It was established in 2005 and specializes in buying charged-off debts before collecting them with help from collection attorneys. Files archived at the PACER (Public Access to Court Electronic Records) website suggest that CACH, LLC has been accused of violating the FDCPA while collecting certain debts.
Alleged Violations against CACH, LLC
Densie Buycks vs. CACH, LLC
According to PACER**, in August 2011 Ms. Densie Buycks, a disabled senior citizen resident in Chicago, received a collection letter from Integrity Financial Partners, Inc on behalf of Cach, LLC. It demanded payment for an old Citibank debt. Alarmed, she sought the assistance of legal aid attorneys at the Chicago Legal Clinic’s LASPD program, regarding her financial difficulties and the collection action.
Accordingly, on October 30, 2011, one of Ms. Buycks' attorneys at LASPD informed CACH LLC, through its collection agent, Integrity, that Ms. Buycks was represented by counsel, directed the company to stop contacting her, and to cease all further collection activities because Ms. Buycks was forced, by her financial circumstances, to refuse to pay her unsecured debt.
Undeterred, in August 2012 CACH LLC directed the Scott Lowery Law Office, P.C., to send Ms. Buycks a collection letter. Her LASPD attorney sent CACH LLC another letter, directing it to cease communications and collections. When the contact persisted, Ms. Buycks sued the company for the following alleged FDCPA violations:
- Demanding payment of a debt she had already refused to pay
- Communicating with a consumer represented by counsel
The matter was later dismissed.
Hire an FDCPA Attorney
The phone numbers for CACH, LLC are:
If either of these numbers appear on your caller ID when the phone rings, it means that a debt collector is on the line. If they persist in trying to make you pay a debt that you cannot afford to honor, hire a consumer attorney. Such oppressive actions violate the FDCPA, and you could potentially be awarded $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. No matter how much you may owe, it must be collected ethically and professionally, or CACH, LLC could find itself owing money to you instead.
**Case taken from PACER (www.pacer.gov). File number is (Case: 1:12-cv-07000 from United States District Court for the Northern District of Illinois, Eastern Division)
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against CACH LLC or any other third-party collection agency, you may not be entitled to any compensation.