Are you being called by Fairway Capital Recovery, LLC?* Here's what you need to know
No one wants to hear from a debt collector, especially when you know you can’t afford to pay what they’re demanding. It’s even worse when they are rude and aggressive each time they get you on the phone. Fortunately, you have rights no matter how much you owe, and when collection agencies disregard them, it can mean trouble. For them, not you.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA, to protect indebted consumers from unethical debt collection tactics. Since then, it has been illegal for a third-party collection agency to use methods like the following while attempting to collect a debt:
- Calling before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Trying to collect more than the law and / or the original creditor agreement allow
- Talking to anyone except the consumer, their spouse, or their attorney about the debt
- Use profane or obscene language
- Failing or refusing to identify themselves as debt collectors in every communication
- Demanding amounts not supported by law or the original creditor agreement
Company Profile: Fairway Capital Recovery, LLC
Fairway Capital Recovery, LLC is a collection agency located in Cincinnati, Ohio. It was founded in 2012, has between 10 and 50 employees, and is managed by its President, Matt Alkire. The agency currently has a B rating with the Better Business Bureau. Legal files retained by the PACER (Public Access to Court Electronic Records) website suggest that consumers who believed they were being harassed by Fairway Capital Recovery, LLC went to court to demand compensation.
Alleged Violations against Fairway Capital Recovery, LLC
According to PACER, on or about November 15, 2012, Fairway Capital Recovery, LLC sent a collection letter to a Wisconsin resident, seeking payment for an outstanding payday loan debt. This letter stated, in part, “This collection agency is licensed by the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707.’ However, an investigation failed to turn up confirmation that Fairway Capital Recovery, LLC was licensed by the Division of Banking, or any other Wisconsin governmental agency.
Feeling harassed by Fairway Capital Recovery, LLC, she hired a consumer attorney and sued the agency for allegedly violating the FDCPA by using false, deceptive, and misleading means to collect a debt.
The matter was later settled.
Hire an Attorney
The phone numbers for Fairway Capital Recovery, LLC are:
If either number ever flashes on your caller ID when the phone rings, it means that you are being called by Fairway Capital Recovery, LLC. If they are not licensed to collect debts in your state at the time they make contact, hire a consumer attorney who can help you file a claim against Fairway Capital Recovery, LLC. If the judge rules in your favor, you could be awarded $1,000 per FDCPA violation.. When collectors use methods that are arguably deceptive, the law is on your side.
*Case taken from PACER (www.pacer.gov). File number is Case 2:13-cv-00313-CNC from the United States District Court for the Eastern District of Wisconsin, Milwaukee 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 Fairway Capital Recovery, LLC, or any other third-party collection agency, you may not be entitled to any compensation.