Is Direct Recovery Associates calling you? Here's what you need to know.
Money worries are a major source of stress, especially when they are so overwhelming that you can barely live paycheck to paycheck. When you fall behind in your mortgage and credit card payments, it gets even worse because debt collectors soon get involved and add to your current stress load.
If the collector is rude and seems bent on harassing you, remember that consumers do have rights when it comes to dealing with debt collectors. The Fair Debt Collection Practices Act, or FDCPA, prohibits the use of unethical and hostile collection tactics like the following:
- Calling you at work after being informed that the employer does not allow such calls
- Calling at inconvenient hours, such as before 8:00 a.m. and after 9:00 p.m. your time
- Discussing the debt with anyone but you, your spouse, your attorney, and any co-signers
- Swearing and yelling at you
- Threatening legal action they cannot take, such as having you arrested and seizing your assets
- Claiming to be law enforcement officers or attorneys when they are not
Some debt collectors do whatever it takes to pressure money out of consumers, convinced that they will never be sued or reported to the Federal Trade Commission.
Direct Recovery Associates, Inc is a collection agency located in Westlake Village, California. It was established in 2000, has a small staff of fewer than 10 employees, and advertises itself as having the lowest commercial rates for debt recovery. A search of court records filed at the PACER (Public Access to Court Electronic Records) website indicates that Direct Recovery Associates has been accused of violating the FDCPA during its interactions with indebted consumers.
Plaintiff v. Direct Recovery Associates, Inc
According to PACER**, in April 2008 a New York resident received a collection letter from Direct Recovery Associates, Inc regarding an alleged debt. The letter, which was a mass-produced communication, was accompanied by a validation notice, which stated in part, “If you dispute the validity of this debt in writing”. The required addition of “or any part thereof” was missing.
- Behaving toward her in a rude and abusive manner (15 U.S.C. §1692d(2))
- Failing to identify all communications as coming from a debt collector (15 U.S.C. §1692e(11))
- Using unfair and unconscionable means to collect a debt (15 U.S.C. § 1692f)
- Failing to properly validate the debt (15 U.S.C. § 1692g)
The matter was later discontinued.
The phone number for Direct Recovery Associates, Inc is 1-800-200-2442. If this number appears on your caller ID, a debt collector is attempting to contact you. If they send letters that fail to properly advise you of your rights and threaten dire consequences if you don’t pay the debt, see a consumer attorney.
These and similar actions are against the law, and if you pursue the matter in court, you could be awarded $1,000 in statutory damages per FDCPA violation, as well as court costs and attorney fees. If a debt collector pushes you too far, experienced legal advice will help you assert your rights and even get compensation.
**Case taken from PACER (www.pacer.gov). File number is (Case 2:09-cv-01462-ADS-WDW from United States District Court, Eastern District of New York)
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Direct Recovery Associates, Inc or any other third-party collection agency, you may not be entitled to any compensation.