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Updated on Author: Contributor: Sergei Lemberg

Is California Recovery Bureau Calling You?*

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Is California Recovery Bureau calling you? Here’s what you need to know.

Household debt has grown 15% faster than income in recent years. The average indebted American household now carries a revolving credit card balance of over $15,000, and with the average interest rate of 18%, a balance that size costs the average household nearly 9% of its income in interest every year.

It’s a burden that can become unmanageable if you lose your job due to illness, company restructuring, or layoffs. When you miss a certain number of payments, your creditors may turn the accounts over to a third-party debt collector, making the situation even worse.

Although the Fair Debt Collection Practices Act (FDCPA) mandates that debt collectors be transparent and ethical when collecting a debt, the reality is that many of them use tactics like the following to intimidate money out of cash-strapped consumers:

  • Harassing someone by telephone (e.g. calling and hanging up)
  • Swearing and calling names
  • Telling a debtor’s friends and family about the debt
  • Calling people at work when the person’s workplace doesn’t let them take such calls
  • Claiming that a debtor can be arrested, have their assets seized, or lose their children if they do not pay

California Recovery Bureau, Inc is a collection agency located in San Diego, California. It was established in 2001, employs a small staff, and collects telecommunications, credit card, automobile, and medical debt. According to the records archived at the PACER (Public Access to Court Electronic Records) website contain a number of instances involving California Recovery Bureau has been sued by consumers who felt that their rights under the FDCPA had been infringed upon.

Rosalinda Comandao v. California Recovery Bureau, Inc

According to PACER**, from September to December 2010, California resident Rosalinda Comandao allegedly received constant collection calls from California Recovery Bureau, Inc about a debt she allegedly owed. They finally sent her a written correspondence that stated, “Since we have been unable to resolve this matter with you, we are now attempting to obtain information about you.” The letter proceeded to ask about her personal property, real estate holdings, and other assets.

Ms. Comandao took the letter to mean that California Recovery Bureau, Inc intended to seize or place a lien on her assets. She also believed that the amount they were demanding included excessive interest rates not supported by the contract.

She hired an attorney and filed a complaint accusing California Recovery Bureau, Inc of the following alleged FDCPA violations:

  • Engaging in behavior the natural consequence of which was to harass, oppress, or abuse her in connection with the collection of a debt (15 U.S.C. § 1692d)
  • Implying that nonpayment of the debt would result in seizure of Ms. Comandao’s property (15 U.S.C. § 1692e(4))
  • Threatening legal action that the agency had no intention of taking (15 U.S.C. § 1692e(5))
  • Charging an amount not authorized by the original creditor agreement(15 U.S.C. § 1692f(1))

The matter was later dismissed.

The phone numbers below all belong to California Recovery Bureau, Inc is 1-(760)-891-0777.

If you see this number on your caller ID, a debt collector is attempting to discuss a debt with you. Should they make payment agreements that they later renege on, contact a consumer attorney. The FDCPA requires debt collectors to be both ethical and transparent when dealing with consumers, and failure to comply could result in them being ordered to pay you statutory damages of $1,000 per violation plus court costs and attorney fees.

No matter how much money you owe, the FDCPA gives you rights that debt collectors need to respect.

**Case taken from PACER (www.pacer.gov). File number is(Case 4:11-cv-04507-PJH, from United States District Court, Northern District of California, San Francisco Division)

*Disclaimer:

The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against California Recovery Bureau 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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