Debt can overwhelm you for a number of different reasons. Perhaps your company closed down without warning, or you were in a car accident and left too disabled to maintain regular employment.
The debt collectors hired to collect your unpaid balances don’t care about why you’re in debt: they just want your money and are not always civil when trying to collect it.
Your Rights Under the FDCPA
Although collecting a debt is legal, harassing consumers in the process is not. The Fair Debt Collection Practices Act, or FDCPA, regulates what third-party collection agencies may say or do during the process of collecting a debt.
Below is a sample of some collection tactics that could lead to an agency’s license revocation:
- Swearing, yelling, and calling you names
- Telling your friends, neighbors, and co-workers that you owe money
- Contacting you after you have formally requested that all communications cease
- Telling you that you can be arrested or imprisoned for nonpayment of a debt
- Calling you at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Threatening legal actions they cannot take or have no intention of taking
Company Profile: Check Collection of America, Inc.
If you are being called by Check Collection of America, Inc., information about the company is below.
Check Collection of America, Inc. is a collection agency located in Houston, Texas. It was established in 1985, has less than 10 employees, and is operated by its President, Nathaniel Riddle.
According to consumer complaint boards and litigation records viewable at the PACER (Public Access to Court Electronic Records) website, many consumers who believed they were being harassed by Check Collection of America, Inc. demanded compensation in court.
Alleged Violations Against Check Collection of America, Inc.
According to PACER, in or around 2012, Check Collection of America, Inc. allegedly began leaving messages on the answering machine of two consumers to collect a consumer debt.
One such message stated, "Hello my name is Miss Austin; I'm calling from C.C.A.; I'm trying to reach [Plaintiff]. [Plaintiff], I'm calling you concerning a returned item from your checking account that has been forwarded to our office.
I need you to contact our legal department today as soon as possible. Your immediate attention is required with this matter.”
Another message left on or about December 18, 2012 stated, in part:
"Hello, my name is Nicole. I'm calling from the legal department of C.C.A. I’m with the finalization department calling trying to reach [Plaintiff]... This is a serious legal matter concerning your checking account....”
Feeling harassed by Check Collection of America, Inc., the Plaintiffs hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA in the following ways:
- Failing to identify itself as a debt collector in all communications
- Threatening legal action it was not in a position to take
The matter was later dimissed.
Hire an Attorney
The phone numbers for this collection agency are:
If any of those numbers appear on your caller ID, be aware that you are being called by Check Collection of America, Inc. If the callers fail to identify themselves as debt collectors in all communications and/or threaten legal actions they are not in a position to take, hire a consumer attorney.
If you file a claim against Check Collection of America, Inc., you could potentially be awarded $1,000 per FDCPA violation plus any associated costs. Standing your ground when a collection agency is being unethical is always a smart decision.
The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Check Collection of America, Inc., 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 1:13-cv-04265-WFK-VMS from the United States District Court for the Eastern District of New York.