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Updated on Author: Contributor: Sergei Lemberg

Are You Being Called By Evans Law Associates, P.C.?*

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Are you being called by Evans Law Associates, P.C.?* Here’s what you need to know

Debt collectors have a reputation for being intrusive, rude and even abusive when trying to get consumers to settle a debt. Acting in this manner is illegal, however. Here’s what you need to know about debt collectors and the law so that you can stand up for yourself when they call again.

Your Rights Under the FDCPA

If a debt collector is harassing you in any way, they are breaking federal law. The Fair Debt Collection Practices Act, or FDCPA, prohibits third-party debt collectors from using unfair or deceptive methods like those below to collect a debt.

  • Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
  • Reporting inaccurate information to the credit bureau
  • Trying to collect an amount that is not authorized by law or the original creditor agreement
  • Using profane and obscene language
  • Refusing to provide proof that you owe a debt and they are authorized to collect it
  • Pretending to be lawyers or members of law enforcement

Are You Being Called By Evans Law Associates, P.C.?

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Company Profile: Evans Law Associates, P.C.

If you are being called by Evans Law Associates, P.C., information about the company is below.

Evans Law Associates, P.C. is a debt collection law office located in Williamsville, New York. It was established in 2009, has less than 10 employees, and is managed by owner Jason Evans

Records archived at the PACER (Public Access to Court Electronic Records) website indicate that consumers who believed they were being harassed by Evans Law Associates, P.C. have asserted their rights in court.

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Alleged Violations against Evans Law Associates, P.C.

According to PACER, on or about September 1, 2015, Georgia resident April Griffin received a voicemail from a representative of Evans Law Associates, P.C. regarding a healthcare debt. When she returned the call, she asked that they not call her before 5:00 p.m., as she worked as a legal secretary and could not take personal calls during working hours.

She later complained the the collectors kept calling her at inconvenient times and referring to her as “Little Miss Legal Secretary”. A collector also allegedly asked her, :What do you think the judge will say about you not paying your debt?” When she demanded to know if he spoke to all ladies that way, he allegedly replied, “If I thought you were a lady, I would treat you like one.”

When informed that the debt was over $13,000, she asked why the balance was so high; a collector allegedly responded that “attorneys can charge interest.” There were also allegedly threats to garnish her wages if she didn’t pay.

Feeling harassed by Evans Law Associates, P.C., she hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:

  • Communicating with her at a time or place known to be inconvenient
  • Using harassing and abusive means to collect a debt
  • Using abusive language
  • Using false, deceptive or misleading means to collect a debt
  • Using unfair and unconscionable means to collect a debt
  • Threatening action that could not legally be taken

The matter was later settled.

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Hire an Attorney

The phone numbers for Evans Law Associates, P.C., are:

If you see either number flashing on your caller ID when the phone rings, be aware that you are being called by Evans Law Associates, P.C., likely about an alleged debt. If they call you at inconvenient times and verbally abuse you, hire a consumer attorney. If you file a claim against Evans Law Associates, P.C. with your attorney’s help, you could potentially win $1,000 per violation as well as attorney’s fees, court costs, and any actual damages, making their harassment of you an expensive mistake.

*Case taken from PACER (www.pacer.gov). File number is Case 3:15-cv-00170-TCB from the United States District Court for the Northern District of Georgia, Newnan 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 Evans Law Associates, P.C., or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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