Is Davis and Goldmark, Inc calling you? Here’s what you need to know.
Is a debt collector calling you every day and stuffing your mailbox with demand notices? If the answer is yes, you’re probably stressed, embarrassed, and seriously considering personal bankruptcy to make it all stop. Don’t do it!
Over forty years ago, the US government passed the Fair Debt Collection Practices Act, or FDCPA, which granted consumers the right to dispute a debt, demand its validation and order a third-party debt collection agency to cease all contact. The FDCPA also does not allow debt collectors to use harassing and manipulative tactics like the ones below to get your money.
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- Call you outside of the 8:00 a.m.–9:00 p.m. time frame in your time zone
- Call you at work after you’ve told them that you’re not allowed to talk to them there
- Discuss the debt with anyone except you, your spouse, attorney and any co-signers
- Use obscene or profane language
- Pretend to be police officers or government agents
- Ignore you when you dispute the debt
- Make threats they cannot legally carry out or have no intention of carrying out
These activities are against the law, but unfortunately remain in evidence even today. Debt collectors get away with it because many consumers, unaware that such abuse is illegal, fail to report it.
Davis and Goldmark, Inc is a collection agency located in Laguna Hills, California. It was established in 1975, has a small staff of fewer than 10 employees, and collects debt payments for clients all over North America. A search of civil litigation records at the PACER (Public Access to Court Electronic Records) website indicates that Davis and Goldmark, Inc has been accused of violating the FDCPA when pursuing debt payments.
Plaintiff v. Davis and Goldmark, Inc
According to PACER**, in 2005 a California resident leased a water system from her employer, and eventually the fees were waived. This agreement remained in effect even after she took employment elsewhere, but the account was erroneously assigned to Davis and Goldmark, Inc for collection. The Plaintiff discovered the notation on her credit report and called the agency, but a representative named Susan was allegedly rude and offensive and hung up on her.
Seeing that she was getting nowhere, The Plaintiff hired a consumer attorney and filed a complaint that accused Davis and Goldmark, Inc of the following alleged FDCPA violations:
- Behaving toward her in a rude and abusive manner (15 U.S.C. §1692d(2))
- Misrepresenting the character, amount, or legal status of the debt (15 U.S.C. §1692e(2))
- Attempting to collect a debt not permitted by law (15 U.S.C. § 1692f(2))
The matter was later dismissed.
The phone number for Davis and Goldmark, Inc is 1-800-634-7900. If you see this number on your caller ID, a debt collector is trying to contact you about a debt you may not even owe. If the debt appears on your credit report and collectors from the agency are rude and obstructive when you insist that you do not owe it, contact a consumer attorney.
Such actions are against the law, and if you opt to sue Davis and Goldmark, Inc, you could be awarded $1,000 in statutory damages per FDCPA violation, as well as court costs and attorney fees. Debt collectors who abuse consumers over non-existent obligations need a firm reminder that ambition cannot supersede the law.
**Case taken from PACER (www.pacer.gov). File number is (Case 8:08-cv-00943-DOC-RC from United States District Court, Central District of California, Southern 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 Davis and Goldmark, Inc, or any other third-party collection agency, you may not be entitled to any compensation.