At some point in your life, you might fall behind on a financial obligation. Although creditors can be lenient if the amount owing is paid soon after, it sometimes happens that people lose their jobs or become unable to work, and the debt never gets paid.
If this happens to you, be aware that sooner or later most creditors will turn your accounts over to a third-party debt collector, and some collectors can be ruthless and aggressive when pursuing you for payment.
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers who owed money from being harassed and abused by third-party debt collectors.
Under the FDCPA, a debt collector may not legally perform actions like those below when attempting to collect a debt.
Your Rights Under the FDCPA
- Calling you at all hours of the day and night
- Keep calling you and sending letters after you dispute a debt
- Yelling at you, swearing, and threatening to have you arrested
- Calling you at work after you’ve told them that your workplace does not allow personal calls
- Telling your friends and family that you owe money
- Making threats they have no intention of following up on, such as garnishing your wages or filing a lawsuit
Not all debt collectors let themselves be controlled by the FDCPA. They use whatever methods obtain the results they’re after: getting your money.
Company Profile: DCM Services
DCM Services, LLC is a collection agency headquartered in Minneapolis, Minnesota. It was established in 2007 and has a staff of approximately 100 to 249 employees.
According to records on file at the PACER (Public Access to Court Electronic Records) website, DCM Services, LLC has been sued by consumers who felt that their rights were infringed upon when the agency attempted to collect from them.
Alleged Violations against DCM Services
Plaintiff v. DCM Services LLC
According to PACER**, on or about January, 2012, a Pennsylvania resident started to receive collection calls from DCM Services about a credit account debt allegedly owed by his deceased mother to Chase Bank.
The Plaintiff asked for validation of this debt, as he and his siblings had no knowledge of that account, but the collector he spoke to allegedly refused to provide validation. One collector, Rosely Abely, continued to call him daily and threaten him with legal action if the debt was not paid.
The Plaintiff also received a collection letter stating that DCM’s records indicated that he was the sole personal representative of his mother’s estate, when in fact he was not the executor.
His mother also left no estate or will. The letter went on to claim that The Plaintiff was responsible for paying the full amount owed.
Frustrated, The Plaintiff hired a consumer attorney and filed a complaint accusing DCM Services of violating the FDCPA in the following ways:
- Using deceptive means in connection with the collection of the alleged debt (15 U.S.C. §1692e)
- Using unfair and unconscionable means to collect a debt (15 U.S.C. § 1692f)
- Failing to validate the debt after the initial communication or upon request (15 U.S.C. § 1692g)
The matter was later dismissed.
The phone numbers for DCM Services, LLC are 1-877-326-8786 and 1-612-243-8620. If you see either one on your caller ID, be aware that a debt collector is calling. If they try to make you responsible for paying someone else’s debt, refuse to validate it, and call constantly after you refuse to pay, contact a consumer attorney.
Hire an Attorney
Such actions violate the FDCPA, and your attorney can help you take DCM Services to court for infringing on your rights.
You could win $1,000 in statutory damages per FDCPA violation, as well as court costs and attorney fees, so never assume that a debt collector can threaten and bully you with impunity. The law is definitely on your side.
The size and nature of your debt have nothing to do with how you should be treated as a human being. If third-party collectors are subjecting you to the type of harassment outlined in the FDCPA, you should consider completing a free case evaluation and filing a claim with the help of an FDCPA attorney.
Winning your claim could mean netting $1000 for each FDCPA violation, along with additional damages, and having an attorney increases the likelihood that you’ll have a successful claim.
Your attorney can aid in gathering evidence, arguing on your behalf, and knowing exactly what is required at each point in the case. In other words, your attorney will be in the best position to help you navigate this complex process and finally get the peace of mind that you deserve.
**Case taken from PACER (www.pacer.gov). File number is (Case 2:12-cv-01979-CDJ, from United States District Court, Eastern District of Pennsylvania)
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against DCM Services or any other third-party collection agency, you may not be entitled to any compensation.