Owing more debt than you can ever hope to pay back is arguably one of life’s biggest stressors. When collection agencies are making your life miserable while trying to collect that money from you, you may be tempted to declare bankruptcy to stop the harassment.
Before you take that step, see a consumer attorney.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a consumer protection law that prohibits third-party debt collectors from employing unprofessional and unethical means to collect a debt. Any time a collection agency subjects a consumer to the following actions, they risk serious penalties.
- Using profane and obscene language
- Using the telephone to harass you with constant calls
- Telling your friends, neighbors, and co-workers that you owe money and they are trying to collect it from you
- Failing or refusing to identify themselves as debt collectors trying to collect a debt
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
- Calling you at work after you’ve told them that your employer doesn’t allow such calls
Company Profile: Dyck-O’Neal Inc.
If you are being called by Dyck-O’Neal Inc., additional information about the company can be found below.
Dyck-O’Neal Inc. is a debt collection agency located in Eugene, Oregon. It was founded in 1988, has less than 20 employees, and is managed by founder Jori L. O’Neal. The company specializes in recovering mortgage deficiencies but will still pursue other types of debt.
Records viewable at the PACER website indicate that people who believed they were being harassed by Dyck-O’Neal Inc. went to court to stop the harassment.
Alleged Violations against Dyck-O’Neal Inc.
According to PACER, on or about August 8, 2012, Dyck-O’Neal Inc. sent a collection letter to an Illinois consumer. He claimed that it failed to clearly identify the current creditor or owner of the debt or advise him that if he wanted verification of the debt, he must dispute it in writing.
Feeling harassed by Dyck-O’Neal Inc., he hired a consumer attorney and sued the agency for the following alleged illegal debt collection practices:
- Failing to identify the creditor or properly advise him of his dispute rights
- Using false, deceptive, and misleading means to collect a debt
The matter was later settled in a class-action lawsuit.
Hire a Consumer Lawyer
The phone numbers for Dyck-O’Neal Inc. are:
If see any of them on your caller ID, it means that Dyck-O’Neal Inc. is looking to speak with you. If they fail to make your dispute rights clear or identify your alleged creditor, hire a consumer lawyer and file a claim against Dyck-O’Neal Inc.
FDCPA violations are punished by statutory damages of $1000 per incident, so let an attorney help you make the company pay when it violates your rights.
Case taken from PACER (pacer.gov). File number is Case: 1:12-cv-08392 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 Dyck-O’Neal Inc. or any other third-party collection agency, you may not be entitled to any compensation.