Is Debt Resolve, Inc calling you? Here's what you need to know.
Dealing with a collection agency is rarely an enjoyable experience, even when the collector is civil, but many debt collectors are so hostile and persistent that indebted consumers do anything to make them stop, including pay off debts that aren’t even theirs or consenting to repayment plans that leave them with less to live on. They assume that because they owe money, the collector can abuse them with impunity, when that is not the case.
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to prevent third-party debt collectors from using unfair and unconscionable means to get money from consumers. Under the FDCPA it is illegal to use approaches like the following to collect a debt.
- Using profane or obscene language
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Calling you at work when they know that your employer prohibits such calls
- Threatening action they cannot legally take or have no intention of taking, such as having you arrested and seizing your property
- Demanding outrageous amounts that exceed the amount of the original debt
- Discussing the debt with anyone except you, your spouse, or your attorney
Despite the law, many debt collectors persist in bullying payments out of consumers, believing that harsher methods yield results more quickly.
Debt Resolve, Inc is a collection agency located in White Plains, New York. It was established in 2003, has a small staff, and collects consumer debt across the country. Records on file at the PACER (Public Access to Court Electronic Records) website confirm that Debt Resolve, Inc has appeared in court to answer allegations of improper debt collection practices.
Defendant v. Debt Resolve, Inc
According to PACER**, beginning in February, 2008 a Pennsylvania resident began to receive what she later described as harassing and demoralizing collection calls from a female agent of Debt Resolve, Inc who identified herself as “Pat”. The agency was attempting to collect a debt owed to Clout Visa.
Despite making payments from February 2007 through November 2007 to Debt Resolve, Inc, The Plaintiff learned that her credit report showed no indication of any payments or credits being made. The account still appeared to be in default and she was denied credit for a student loan as a result.
“Pat” allegedly called The Plaintiff at home dozens of times and had even allegedly called her place of employment after being told not to do so. The Plaintiff later complained that at times calls were being made up to seven times a day, even on Sundays.
"Pat” allegedly told her that if she didn’t make payments on the remaining $3,200 balance that the debt would be up to $20,000 in a couple of years, and that if she didn’t pay, Debt Resolve, Inc would take her to court, obtain a judgment, and get a lien.
The Plaintiff hired a consumer attorney and filed a complaint against Debt Resolve, Inc for the following alleged FDCPA violations.
- Calling her at work when they knew that such calls were not permitted (15 U.S.C. §1692c(a)(3))
- Using harassing and abusive means to collect a debt (15 U.S.C. §1692d)
- Using deceptive means in connection with the collection the alleged debt (15 U.S.C. §1692e)
- Making continuous calls that Ms. Harding found distressing (15 U.S.C. §1692d(5))
- Misrepresenting the character, amount, or legal status of the debt (15 U.S.C. §1692e(2))
- Threatening to file a lawsuit when it had no intention of doing so (15 U.S.C. §1692e(5))
- Using unfair and unconscionable means to collect a debt (15 U.S.C. § 1692f)
- Failing to validate the debt after the initial communication(15 U.S.C. § 1692g)
The matter was later dismissed.
The phone number for Debt Resolve, Inc is 1-888-775-0551. If you see this number on your caller ID, a debt collector from the company is trying to contact you. The FDCPA mandates that collectors follow its regulations when dealing with consumers, so if the agent you speak to is rude, calls you incessantly, and threatens legal actions that never transpire, see an attorney. Your attorney can deal with Debt Resolve, Inc on your behalf and help you file a complaint in court.
You could potentially win $1,000 in statutory damages per FDCPA violation, as well as court costs and attorney fees. When debt collectors go too far with you, remember that the law is on your side.
**Case taken from PACER (www.pacer.gov). File number is (Case 2:09-cv-01312-RK 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 Debt Resolve, Inc or any other third-party collection agency, you may not be entitled to any compensation.