Is Ellis Crosby & Associates Inc calling you? Here's what you need to know.
In 1977 the US Congress passed the Fair Debt Collection Practices Act, or FDCPA, in response to widespread complaints from consumers. People who had fallen behind in their financial obligations were being abused and harassed by third-party debt collectors who seemed determined to squeeze blood from a stone.
Now, thanks to the FDCPA, consumers can demand verification of an alleged debt and even dispute it entirely. If a debt collector mistreats them, they can fight back in court and win both statutory and actual damages.
Under the law, debt collectors are not allowed to:
- Call at inconvenient times, usually before 8:00 a.m., after 9:00 p.m., in the consumer’s time zone, or inconvenient places, such as at the consumer’s workplace unless given permission to do so
- Contact consumers who have requested in writing that they stop or who are representing an attorney with regards to the debt
- Discuss the debt with anyone but the consumer, their spouse, or their attorney
- Use profane or abusive language to scare someone into paying
- Threaten someone with violence, arrest, or imprisonment if they don’t pay
- Pretend to be law enforcement officers or government representatives
Alleged Violations against Ellis Crosby & Associates*
Some collection agencies insist on ignoring the law. Ellis Crosby & Associates is a debt collector with headquarters in Jacksonville, Florida and a branch office in Pell City, Alabama. It was established in 2003 and has a small staff. An examination of records held by PACER (Public Access to Court Electronic Records) reveals that Ellis Crosby & Associates has been a defendant in several cases dealing with alleged FDCPA violations.
On July 26, 2005 , a Connecticut resident, received a call at work from a man who identified himself as Steven Price, an investigator for Eastern Federal Bank. He told her that the bank had determined that she had committed fraud and intended to have her arrested if she did not pay $4,300 within two hours. He also said he would contact Ms Cooper’s employer and subpoena her hard drive if she did not pay.
The plaintiff did not believe she owed money to Eastern Federal Bank, but was so frightened that she asked her daughter to send $275 using her credit card. When Mr. Price gave provided the remittance information, she realized she was dealing with a debt collector, not with Eastern Federal Bank. Instead of sending funds, she sent a cease letter.
The complaint that she filed with the US District Court accused Ellis Crosby & Associates of violating the FDCPA, inter alia, § 1692d., -e, -f, or -g. The court also found that the agency had violated 15 U.S.C. § 1692e(5), by attempting to collect a debt in Connecticut without being properly licensed to do so. Judgment was entered in favor of the plaintiff.
If you receive a call from 904-928-3536 or 205-525-0155, a debt collector from Ellis Crosby & Associates is trying to contact you about an alleged debt. When you speak to them, request written confirmation that you owe the money, along with details about the amount and the original creditor. If the collector claims to be anything but a debt collector seeking payment for a debt, contact a consumer attorney. Even if you owe money, lying to you and making threats is against the law, and any debt collector found guilty of such transgressions can be ordered to pay you both statutory and actual damages, as well as attorney’s fees and court costs.
*Case taken from PACER (www.pacer.gov). File number is 3:05-cv-01467-MRK, from United States District Court, District of Connecticut.
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Ellis Crosby & Associates or any other third-party collection agency, you may not be entitled to any compensation.