Constant contact from debt collectors is stressful, especially if there’s no way you can pay the debt. Some collectors will work with you while others are aggressive and hostile.
If you encounter the latter, don’t let yourself be bullied, as consumer harassment by collection agencies violates federal law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission, limits what debt collectors can say or do while attempting to collect consumer debt. Actions like the following are prohibited and can even get the agency shut down:
- Calling you at work if they know or have reason to know what such calls are not allowed
- Calling at inconvenient times, normally before 8:00 a.m. and after 9:00 p.m., in your time zone
- Threatening to have you arrested or garnish your wages
- Claiming that you owe an amount that’s not supported by law or the original creditor agreement
- Discussing your debt with anyone except you, your spouse, or your attorney
- Making threats they cannot legally carry out or have no intention of carrying out
Company Profile: Diman Financial, Inc.
If you are being called by Diman Financial, Inc. information about the company is below.
Diman Financial, Inc. is a debt collection agency located in Oak Brook, Illinois. It was established in 2005, has less than 10 employees, and is managed by its President, Francis J. Discipio.
Litigation records on file at the PACER (Public Access to Court Electronic Records) website indicate that consumers who believed they were being harassed by Diman Financial, Inc. used the federal court system to stop the collection activity.
Alleged Violations against Diman Financial, Inc.
Plaintiff vs. Diman Financial, Inc.*
According to PACER, in late August or early September 2008 Diman Financial, Inc. sent an Illinois resident an initial form collection letter, demanding payment of a medical debt. This letter, in pertinent part, stated:
Please be advised that we represent the above-mentioned client. We are a licensed and bonded collection agency. We have been assigned the task of collecting the balance due.
If you notify me in writing, within 30 days of receiving this letter, that you dispute the validity of this debt, or any portion thereof, if any exists.
Upon written request within the 30-day period, I will provide you with the name and address of the original creditor, if it is different from the current creditor. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.
The Plaintiff asserted that this collection letter contained a portion of the legally required validation notice, but it failed to advise that the debt would be assumed valid if not disputed and that if it was disputed, then validation of that debt would be provided to the consumer.
Feeling harassed by Diman Financial, Inc., the Plaintiff hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA by failing to properly advise him of his rights regarding debt validation.
The matter was later dismissed.
Hire an Attorney
The phone number for this collection agency is 1-630-574-1058. If it appears on your caller ID when the phone rings, it means that you are being called by Diman Financial, Inc.. If they send you collection letters that obscure your rights regarding the debt, hire a consumer attorney.
If you file a claim against Diman Financial, Inc. and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. Even if you do owe money, the FDCPA grants you rights that collectors ignore at their own professional risk.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:09-cv-02100 from the United States District Court for the Northern District of Illinois, Eastern 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 Diman Financial, Inc., or any other third-party collection agency, you may not be entitled to any compensation.