Is Encore Receivable Management calling you? Here's what you need to know.
Millions of Americans carry one form of debt or another. Out of these millions, a high percentage fail to meet their financial obligations due to illness, job loss, and other unexpected setbacks. As a result, their accounts are turned over to third-party collection agencies, who can make difficult situations even worse by making unethical payment demands.
Technically, it is illegal for debt collectors to harass consumers. The Fair Debt Collection Practices Act (FDCPA) prohibits collection agents from using abusive or deceptive tactics to obtain debt payments.
People who owe a debt have rights under the FDCPA. In general, debt collectors may not do any of the following:
- Call at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Call someone at work after being told that the employer does not allow such calls
- Contact someone after receiving a formal request to cease communications
- Discuss the debt with anyone except the consumer, their spouse, attorney, or co-signer (if applicable)
- Swear, yell, or threaten the consumer with arrest/imprisonment if they don’t pay
- Claim to be police officers or federal agents
By law, debt collectors are legally required to send a written notice within five days of initial contact with a debtor. This notice explains how much is owed, to whom, and how to dispute the debt.
Alleged Violations against Encore Receivable Management, Inc.*
Not every debt collector plays by the rules. Encore Receivable Management, Inc. in Olathe, Kansas, was incorporated in 1999 and has branch locations in Lenexa, Kansas, and the Philippines. Today, it operates as a subsidiary of Convergys Customer Management Group, Inc.
According to records held by PACER (Public Access to Court Electronic Records), Encore Receivable Management, Inc has been sued by several consumers who accused the company of improper debt collection practices.
Prior to December 2007, a Colorado resident incurred a personal debt that went into default with the original creditor. Consequently, the account was placed with Encore Receivable Management, Inc for collection.
In 2008, he began getting calls from debt collectors who allegedly threatened to garnish his wages if he did not pay. He later claimed that they also called him multiple times per day to annoy and harass him, and ignored his requests to stop.
The complaint filed with the US District Court accused Encore Receivable Management, Inc of the following:
- Engaging in a campaign of abusive and unlawful collection tactics directed at the Colorado resident, in violation of FDCPA 1692d preface, d(2) and d(5)
- Making false and misleading threats, in violation of FDCPA 1692e preface, e(2)(A), e(3), e(4), e(5), e(7), e(10) and e(11).
- Using unfair or unconscionable means to attempt to collect a debt, in violation of FDCPA 1692f preface
The matter was later settled.
If you receive a call from 614-865-0724 an Encore Receivable Management representative is attempting to collect a debt from you. If they threaten to garnish your wages and have you arrested, you are within your rights to request no further contact. If they continue to harass you, contact a consumer attorney who is experienced in FDCPA matters. Such hostile and abusive debt collection tactics are illegal, and you can be compensated up to $1000 per violation. Only by fighting back in this manner can you safeguard your rights and bring the harassment to an end.
*Case taken from PACER (www.pacer.gov). File number is 1:09-cv-00199-RPM-KMT, from United States District Court, District of Colorado.
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 Encore Receivable Management, Inc. or any other third-party collection agency, you may not be entitled to any compensation.