No matter how financially responsible you try to be, debt can pile up. Perhaps you lost your job, became too sick to work, or needed to pay emergency house or car repairs. Whatever the reason, it’s important to know that when debt collectors start contacting you, there are rules they must follow.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers like you from being harassed and abused by debt collectors. This law forbids actions like the following during attempts to collect a debt.
- Using profane or obscene language
- Calling you at work after you’ve already told them that your employer doesn’t let you take personal calls
- Making threats they cannot legally follow up on, such as having you arrested
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Talking to anyone about the debt except you, your spouse, your attorney, or any co-signers
- Failing or refusing to properly validate the debt
Company Profile: Eastern States Recovery, LLC
If you are being called by Eastern States Recovery, LLC, information about the company is below.
Eastern States Recovery, LLC is a debt collection company located in Linden, New Jersey. It was established in 2002, has fewer than 10 employees, and is managed by its President, Ray Mogenis. A review of consumer litigation records viewable at the PACER (Public Access to Court Electronic Records) website indicate that consumers who believed they were being harassed by Eastern States Recovery, LLC took the company to court.
Alleged Violations against Eastern States Recovery, LLC
According to PACER, in or around September 2009 Eastern States Recovery, LLC allegedly began calling a New Jersey resident on a regular basis to collect a debt. She claimed that on at least three occasions, agency collectors left voice messages that threatened legal action if he did not return the calls immediately. In one message, the caller allegedly threatened to have an attorney start garnishing his wages.
On September 29, Eastern States Recovery, LLC also allegedly sent him a letter warning that legal action would commence if he did not pay by October 1.
Feeling harassed by Eastern States Recovery, LLC, she hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Threatening legal action it had no intention of taking
- Misrepresenting the character, amount, or legal status of the debt
The matter was later settled.
Hire an Attorney
The phone number for this debt collection agency is 1-908-486-7100. If you see it on your caller ID at any time, it means that you are being called by Eastern States Recovery, LLC about a debt you are believed to owe. If they threaten legal action to expedite payment, hire a consumer attorney, because bullying consumers is illegal under the FDCPA. If you file a claim against Eastern States Recovery, LLC and win, you could receive $1,000 per FDCPA violation in addition to litigation-related costs. Don’t let empty threats intimidate you: when your rights are violated, standing up for yourself can pay off.
*Case taken from PACER (www.pacer.gov). File number is Case 2:10-cv-00709-WJM-MF from the United States District Court for the District of New Jersey, Newark 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 Eastern States Recovery, LLC, or any other third-party collection agency, you may not be entitled to any compensation.