When you fall behind in your bill payments and the accounts are turned over to a collection agency, your situation can get worse, especially if the collector is hostile and persistent. At such a stressful time, it’s easy to forget that you have rights and protections under the law.
Your Rights Under the FDCPA
As a consumer you have legal protection under the Fair Debt Collection Practices Act, or FDCPA, which limits what debt collectors may say and do during the process of collecting a debt. Below are examples of collection tactics that are illegal under the FDCPA.
- Calling you at inconvenient times and places, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Failing to identify themselves as debt collectors trying to collect a debt
- Demanding amounts not supported by law or the original creditor agreement
- Use profane or obscene language
- Trying to collect after you have formally disputed a debt
- Threaten legal actions that they have no intention of taking
Company Profile: DiMark, Inc
DiMark, Inc is a debt collection agency located in Altamonte Springs, Florida. It was established in 1991, specializes in check recovery, and is managed by its President, Phil Anthony. Records on file at the PACER (Public Access to Court Electronic Records) website confirm that DiMark, Inc has been accused of violating the FDCPA during debt collection attempts.
Alleged Violations against DiMark, Inc
Plaintiff vs. DiMark, Inc*
According to PACER, during August and September of 2014, DiMark, Inc made frequent calls to the cell phone of a Georgia resident. She later claimed that the callers never identified themselves as debt collectors seeking to collect a debt. On one occasion, she returned a call and was allegedly advised that if she did not pay the debt by 2:00pm that day, DiMark, Inc would have no choice but to have a warrant issued for her arrest.
DiMark, Inc could not have criminally prosecuted The Plaintiff because it had not complied with Georgia’s requirements to send a notice prior to being able to obtain a warrant for deposit account fraud. She also said that she had never received any written correspondence, including a statement of her rights to dispute the debt under the FDCPA, and that each call was the result of an auto-dialer.
She finally hired a consumer attorney and sued DiMark, Inc for the following alleged FDCPA violations:
- Using false, deceptive, or misleading representation or means in collecting on a debt.
- Falsely representing the character, amount, or legal status of the alleged debt
- Threatening legal action which could not be taken
- Calling her using an auto-dialer
- Failing to send her a debt validation notice
The matter was later dismissed.
Hire a Creditor Harassment Attorney
The phone number for DiMark, Inc is 1-407-786-4321. If you see this number on your caller ID when the phone rings, a debt collector is calling. If they threaten to have you arrested for nonpayment of a debt, hire a consumer attorney. This type of deceptive tactic is illegal under the FDCPA, and if you sue, you could potentially be awarded $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. The only way to make certain bullying collectors stop is to take them to court and put them in debt to you instead.
*Case taken from PACER (www.pacer.gov). File number is Case 1:14-cv-03124-ODE from the United States District Court, Northern District of Georgia, Atlanta 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 DiMark, Inc or any other third-party collection agency, you may not be entitled to any compensation.