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By Contributing Author: Sergei Lemberg Updated on

Are You Being Called By CKS Financial, LLC?*

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Are you being called by CKS Financial, LLC?* Here’s what you need to know.

Debt collectors are extremely resourceful when it comes to trying to collect money that you allegedly owe to one of their clients. Unfortunately, some of the methods that they use violate federal law. If you find yourself on the receiving end of a dedicated harassment campaign, know that the law is on your side.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act, or FDCPA, requires third-party collection agencies to behave professionally when collecting debts, but it doesn’t always happen. Abusive tactics like those below are illegal, and can result in revocation of the agency’s license.

  • Using profane or obscene language
  • Discussing your debt with anyone except you, your spouse, or your attorney
  • Calling you at work after you’ve told them that your employer doesn’t allow such calls
  • Calling you before 8:00 a.m. and after 9:00 p.m. your time
  • Threatening you with consequences or actions they can’t legally take or have no intention of taking
  • Contacting you even after you send a cease communications request

Company Profile: CKS Financial, LLC

If you are being called by CKS Financial, LLC, information about the company is below.

CKS Financial, LLC, which also does business as Webcollex, is a debt collection agency located in Chesapeake, Virginia. It was established in 2009, has approximately 50 employees, and is managed by its President, Christopher Chenoweth. Records on file at the PACER (Public Access to Court Electronic Records) website indicate that several consumers who believed they were being harassed by CKS Financial, LLC dealt with the perceived abuse by fighting back in court.

Are You Being Called By CKS Financial, LLC?*

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Alleged Violations against CKS Financial, LLC

Joshua P. Howard vs. CKS Financial, LLC*

According to PACER, on or about March 30, 2012, CKS Financial, LLC called an Alabama resident on his cell phone about an alleged Citibank debt. When he replied that he would have to get back with them, another call followed on or about April 4, this one an unidentified communication from a computer asking him to wait on the line to speak to a representative.

When the collection agent came on the line, she asked him how he intended to pay the debt. the Alabama resident replied that he wanted debt validation to ensure that the obligation was really his, and to not call back as he would investigate the matter after he received their letter. The agent became upset and allegedly replied that CKS Financial, LLC stated that it would call him repeatedly until the debt was paid and repeatedly pull his credit report in order to drive his credit score down.

Feeling harassed by CKS Financial, LLC, he hired a consumer attorney and sued the company 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
  • Using harassing and abusive means to collect a debt
  • Using unfair and unconscionable means to collect a debt
  • Failing to validate the debt as requested

A judge later awarded the plaintiff the amount of $8,500 in damages and costs.

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Hire an Attorney

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If you either any of them on your caller ID, it means that you are being called by CKS Financial, LLC. If they are rude and pushy when demanding payment and threaten to damage your credit if you don’t pay immediately, hire a consumer attorney. If you ultimately file a claim against CKS Financial, LLC and win, you may be awarded $1,000 per FDCPA violation and plus attorney’s fees, court costs, and statutory damages. The law is in your corner when debt collectors cross the line, so never be too intimidated to fight back.

*Case taken from PACER ( File number is Case 2:12-cv-01636-KOB from the United States District Court for the Northern District of Alabama, Southern 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 CKS Financial, LLC, 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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