According to the Association of Credit and Collection Professionals, debt collectors make over a billion connections with indebted consumers every year.
Unfortunately, many of these encounters involve abusive activity on the part of the collectors, who pressure consumers to pay debts that are unaffordable or may not belong to the consumer. If this is happening to you, don’t fret—you can find the resources to fight back.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, requires third-party debt collectors to be professional in their approach, so any harassment or abusive behavior is against the law. Below are some actions that can result in heavy fines and even cost a collection agency its license.
- Calling at all hours of the day and night
- Making threats they cannot legally carry out or have no intention of carrying out
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Swearing and using profane language
- Calling you at work after you’ve told them that your employer doesn’t allow such calls
- Leaving vague messages that do not identify the caller as a debt collector
Company Profile: CardWorks Servicing, LLC
If you are being called by CardWorks Servicing, LLC, information about the company is below.
CardWorks Servicing, LLC is a collection agency located in Woodbury, New York. It was established in 1986, has over 1,000 employees, and is managed by its President, Donald M. Berman.
Litigation records retained by the PACER (Public Access to Court Electronic Records) website also confirm that many consumers who felt they were being harassed by CardWorks Servicing, LLC hired attorneys and filed lawsuits to demand compensation.
Alleged Violations Against CardWorks Servicing, LLC
According to PACER, on or about August 2011, CardWorks Servicing, LLC allegedly started calling a New York consumer on a regular basis about a credit card debt. When he spoke to one of the collectors on September 16, the caller allegedly failed to identify themselves as a debt collector. During another conversation, the collector allegedly said that they were collecting the debt on behalf of the Federal Deposit Insurance Corporation.
Since he was feeling harassed by CardWorks Servicing, LLC, the consumer hired a consumer attorney and sued the agency for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Failing to identify itself as a debt collector in all communications
- Claiming to work on behalf of the FDIC, which is a U.S. government agency
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency include:
If any of these numbers appear on your caller ID when the phone rings, it means that you are being called by CardWorks Servicing, LLC. If they verbally abuse you and claim to be working on behalf of a government agency, hire a consumer attorney.
If you file a claim against CardWorks Servicing, LLC and a judge decides in your favor, the company could be ordered to pay you $1,000 per violation. When a collection agency goes too far, the law helps you assert your rights and receive compensation in the process.
*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 CardWorks Servicing, LLC, or any other third-party collection agency, you may not be entitled to any compensation.
**Case taken from PACER (www.pacer.gov). File number is Case 2:11-cv-05409-LDW-WDW from the United States District Court for the Eastern District of New York.