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Updated on Author: Contributing Author: Sergei Lemberg

Are You Being Called By Check Recovery Bureau, Inc.?*

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Are you being called by Check Recovery Bureau, Inc.?* Here’s what you need to know.

Once you miss a certain number of payments on your student loans or credit cards, the creditors will eventually assign or sell the accounts to a third-party collection agency that will attempt to collect the balance. If they are unpleasant in their attempts to do so, know that you have rights that prohibit such harassment.

Your Rights Under the FDCPA

A consumer protection law called the Fair Debt Collection Practices Act, or FDCPA, regulates what third party debt collectors may say and do when communicating with you about a debt. Legally prohibited activities include the following:

  • Using profane or obscene language
  • Using the phone to harass you: calling and hanging up, or using an autodialer to make preprogrammed calls
  • Publicly posting details of your debt on social media and other public outlets
  • Contacting you directly even after you’ve hired an attorney to represent you in the matter
  • Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
  • Telling you that you can be arrested and imprisoned if you do not pay the amount they are demanding

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Company Profile: Check Recovery Bureau, Inc.

If you are being called by Check Recovery Bureau, Inc., information about the company is below.

Check Recovery Bureau, Inc., is a debt collection agency located in Greenville, South Carolina. It was established in 1990, has less than 10 employees, and is managed by its owner, Melinda Carter. According to the consumer litigation records viewable at the PACER (Public Access to Court Electronic Records) website, several consumers who believed they were being harassed by Check Recovery Bureau, Inc. filed lawsuits and, in at least one instance, a class action lawsuit.

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Alleged Violations against Check Recovery Bureau, Inc.

According to PACER, in or around mid-2016 Check Recovery Bureau, Inc sent a collection letter to a South Carolina resident. It concerned a debt that he had incurred in or about 2008. It stated, in part, “FRAUDULENT CHECK WARRANTS HAVE BEEN ISSUED” although over eight years had elapsed since the last payment or activity on the account, and the statute of limitations for collecting a debt in South Carolina was three years.

The collection letter further stated that “pursuant to STATE LAW,” the South Carolina resident had 10 days from the date of postmark to make payment on the dishonored checks or an “ARREST WARRANT” would be issued for him “and turned over to the appropriate Law Enforcement Agency for Criminal Prosecution.”

Following receipt of this letter, he called Check Recovery Bureau, Inc. and spoke to owner / operator Melinda Carter. When he asked if there was actually an arrest warrant issued for him, she allegedly stated that there was no arrest warrant yet but his failure to make a payment in August 2016 would result in the arrest warrant being “activated” through the NCIC under “the concealed weapons law, background check, and passports.”

Feeling harassed by Check Recovery Bureau, Inc. and believing that other consumers were receiving the same alleged treatment, he hired a consumer attorney and filed a class action against the company for allegedly violating the FDCPA by:

  • Using harassing, oppressive, and abusive means to collect a debt
  • Using false, deceptive and misleading means to collect a debt
  • Misrepresenting the character, amount, or legal status of the debt
  • Threatening actions it could not legally take
  • Using unfair and unconscionable means to collect a debt

Are You Being Called by Check Recovery Bureau, Inc.?

The matter was later dismissed.

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Hire an Attorney

The phone number for this collection agency is 1-864-269-7140. If it appears on your caller ID when the phone rings, be aware that you are being called by Check Recovery Bureau, Inc.. If they try to collect a time-barred debt and imply that you can be arrested if you don’t pay, hire a consumer attorney who can help you protect your rights. Such deceitful conduct is illegal, and if you file a claim against Check Recovery Bureau, Inc., you could potentially receive $1,000 per FDCPA violation, so Check Recovery Bureau, Inc.’s attempt to profit at your expense could turn out to be a costly error indeed.

*Case taken from PACER ( File number is 6:16-cv-03357-BHH from the United States District Court for the District of South Carolina, Greenville Division.

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 Check Recovery Bureau, Inc., or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributing Author: 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 Contributing Author: Sergei Lemberg
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