Are you being called by EMCC, Inc.?* Here's what you need to know.
If you encounter financial difficulties that send your credit card accounts, student loans, or medical bills into arrears, your creditors will eventually tire of pursuing you for the outstanding balance and turn the accounts over to a third-party collection agencies. Debt collectors are notorious for pursuing money in ways that border on harassment, such as swearing at you, calling at all hours, and threatening legal action. If this does happen to you, don’t tolerate it. Call a lawyer instead.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) prohibits third-party debt collectors from using bullying or deceptive methods to settle a debt. If they subject you to any of the following, they’re breaking the law.
- Using profane or obscene language
- Demanding high amounts inflated by service ‘fees’
- Calling you at work after you’ve told them that your employer won’t let you take such calls
- Misrepresenting how much you owe
- Talking about the debt to anyone except you, your spouse, or your attorney
- Refusing to provide proof that you owe a debt and they are authorized to collect it
Company Profile: EMCC, Inc.
If you are being called by EMCC, Inc., information about the company is below.
EMCC, Inc. is a debt collection company located in Scottsdale, Arizona. It was established in 1978, has 50-200 employees, and is managed by its President, Arthur G. Levine. An examination of records on file at the PACER (Public Access to Court Electronic Records) website, consumers who felt they were being harassed by EMCC, Inc. hired consumer attorneys who assisted them in filing lawsuits to stop the harassment.
Alleged Violations against EMCC, Inc.
William H. Mund and Pamela J. Mund, individually and on behalf of all others similarly situated vs. EMCC, Inc.*
According to PACER, on or about April 13, 2007, EMCC, Inc. sent Minnesota residents William and Pamela Mund a collection letter demanding $1,989.98 to settle an outstanding timeshare debt and cover collection costs. The Munds orally disputed the debt and requested validation, which came in the form of a letter that did not include evidence of an agreement by the Munds to pay collection costs., which came to $515.92. On August 28, 2007, their attorney wrote to EMCC and requested a copy of any document evidencing agreement by the Munds to pay collection costs, but no such documentation was ever provided.
Feeling harassed by EMCC, Inc., the Munds hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Trying to collect an amount not authorized by law or the original creditor agreement
- Using false, deceptive and misleading means to collect a debt
The matter was later settled.
Hire an Attorney
The phone numbers for this debt collection law office are:
If you see either one on your caller ID in response to an incoming call, it means that you are being called by EMCC, Inc.. If they attempt to make you pay collection costs that you never knew about or agreed to, hire a consumer attorney immediately. Deceiving consumers is illegal under the FDCPA, and if you file a claim against EMCC, Inc., you could be awarded $1,000 per FDCPA violation as well as damages and court costs. When collection agencies cross the line with you, never be too intimidated to take action, as doing so could end up paying off.
*Case taken from PACER (www.pacer.gov). File number is CASE 0:08-cv-00936-JRT-JJK from the United States District Court for the District of Minnesota, Fourth 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 EMCC, Inc., or any other third-party collection agency, you may not be entitled to any compensation.