Is a collection agency making your life miserable by calling you nonstop and embarrassing you in front of your friends and family? If they tell you that there is no law preventing them from treating you this way, they’re lying. As an indebted consumer, you have rights protected by state and federal law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, requires third-party debt collectors to treat you with respect when communicating with you about a debt. If a company tries to make you pay by using these types of pressure tactics, see a consumer lawyer about protecting your rights.:
- Leaving anonymous or automated phone messages
- Making false statements to a credit bureau about the debt
- Saying they have court papers to serve on you when they don’t
- Calling your relatives or friends after the collector has located you
- Ignoring a written dispute
- Trying to collect a time-barred debt
Company Profile: Ditech Financial, LLC
If you are being called by Ditech Financial, LLC, here is some background information about the agency.
Ditech Financial, LLC, which formerly did business as Green Tree Servicing LLC, is a home loan servicer and debt collection agency located in Fort Washington, Pennsylvania with locations across the United States.
It opened for business in 1975, has 20 to 49 employees on staff, and is managed by its President, Anthony N. Renzi. Records of consumer lawsuits viewable at the PACER website confirm that consumers who thought they were being harassed by Ditech Financial, LLC acted on their rights and fought back.
Alleged Violations against Ditech Financial, LLC
According to PACER, on or around November 18, 2013, Ditech Financial, LLC started trying to collect a mortgage debt from a husband and wife in California. (At the time, it was doing business as Green Tree Servicing LLC)
The couple asserted that they paid their mortgage in a timely manner each month, so they ignored the payment demand.
After they refused to pay, the company (which was now officially Ditech Financial, LLC) allegedly attempted to collect the debt by sending representatives to the couple’s home, sending letters, making inappropriate phone calls, and by reporting the debt on the couple’s credit reports.
Feeling harassed by Ditech Financial, LLC, the consumers hired an attorney and sued the company for allegedly violating their rights in the following ways:
- Calling and making contact with them at inappropriate hours
- Contacting them after they indicated their refusal to pay the debt
- Using false, deceptive, and misleading means to collect a debt
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
Judge George H. Wu later made a judgment on the matter.
Hire a Consumer Lawyer
The phone numbers for Ditech Financial, LLC are:
If either number shows up on your caller ID, it means that Ditech Financial, LLC is trying to reach you. If they use threats, harassment, and intimidation to make you pay, don’t tolerate it. Hire a consumer attorney and file a claim against Ditech Financial, LLC.
Abusing consumers is a violation of federal law, and you could be awarded a substantial amount in statutory and punitive damages. When a collection agency threatens to sue you, filing a lawsuit of your own can bring the justice you deserve.
Case taken from PACER (pacer.gov). File number is Case 2:17-cv-04294-GW-JEM from the United States District Court for the Central District of California.
*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 Ditech Financial, LLC or any other third-party collection agency, you may not be entitled to any compensation.