Is Fidelis Recovery Solutions Calling You? There are a few things you may not know.
Money problems are difficult to deal with, and when you start getting regular calls and letters from debt collectors, the problems intensify.
If the collectors are rude and contact you so frequently that their actions constitute harassment, remember that you don’t have to tolerate them because you owe money.
There is a consumer protection law that prohibits unethical or harassing third-party debt collection practices.
You don't have to put up with harrasment, and debt collectors may be violating the law by doing so.
The Fair Debt Collection Practices Act (FDCPA) regulates what debt collectors can say or do when trying to collect a debt from you. This law has been in effect since 1977, but some debt collectors still use practices that are illegal under the law.
Actions like the following are illegal and can lead to both fines and regulatory sanctions:
- Threatening to have you arrested, seize your property or garnish your wages
- Calling you at work if you’ve already told them that such calls are not permitted by your employer
- Claiming to be attorneys if they are not
- Refusing to provide proof that you owe a debt and they are authorized to collect it
- Discussing the debt with anyone except you, your attorney, and possibly your spouse
- Using profane or abusive language while calling about a debt
These activities and others like them have been illegal since 1977, but debt collectors persist in using them because too many consumers are scared by debt collectors and simply pay up to stop the incessant calls and letters.
Alleged Violations against Fidelis Recovery Solutions, Inc.*
Fidelis Recovery Solutions, Inc. is a collection agency located in Bowie, Maryland.
It was established in 2005, has a small staff of under 20 employees, and collects consumer debt throughout the country. Records retained by the PACER (Public Access to Court Electronic Records) website confirm that Fidelis Recovery Solutions, Inc. has been sued for allegedly violating the FDCPA while collecting consumer debts.
Sometime in or around 2010, a Minnesota resident incurred a personal debt with LensCrafters that went into default and was transferred to Fidelis Recovery Solutions, Inc for collection.
On May 17, 2011, a collector who identified herself as Mrs. Vern allegedly called the plaintiff and attempted to confirm that they were speaking with the plaintiff.
The plaintiff confirmed her identity and asked, “Who is this?” When the collector identified herself as Mrs. Vern, the plaintiff asked what her first name was. Mrs. Vern allegedly did not immediately identify herself by her first name.
The plaintiff later alleged that Mrs. Vern did not state that she was calling on behalf of Fidelis or that she was a debt collector attempting to collect a debt.
When Mrs. Vern asked the plaintiff what her social security number was, the latter replied that she did not not give out her social security number over the phone.
Mrs. Vern then allegedly provided the plaintiff with the last four digits of her social security number and asked, “Are those the last four digits of your social security number?”
Worried about the strange individual who knew her social security number, the plaintiff asked what she was calling about. Mrs. Vern replied that she was calling about a LensCrafters account. Thereafter, the call ended.
The plaintiff received another call on July 7. When she spoke to Mrs. Vern, she demanded to know exactly what company the latter worked for. Mrs. Vern allegedly replied, “I can’t tell you until you tell me your social security number.” When the plaintiff refused, the agent allegedly became angry and said, “Why don’t you give it out?... I need that information.”
At that point her voice was so loud that the plaintiff’s friend, who was in close proximity, could hear it. The friend then grabbed the phone and ended the call.
The plaintiff hired a consumer attorney and filed a lawsuit accusing Fidelis Recovery Solutions, Inc of the following FDCPA violations:
- Leaving messages that did not meaningfully disclose the caller’s identity
- Misrepresenting the status of the debt
- Using false and deceptive means to collect a debt
- Failure to identify itself as a debt collection agency in the initial communication
- Using unfair or unconscionable means to collect the debt
The matter was later dismissed.
The phone number for Fidelis Recovery Solutions, Inc is 1-651-304-6968.
If it appears on your caller ID, a collector from the agency may be trying to contact you about a debt it has been assigned to collect.
If they fail to identify themselves and the company they work for or use rude, abusive language, contact a consumer attorney.
The FDCPA prohibits such conduct, and you could win $1,000 per FDCPA violation, as well as court costs, attorney fees, and any actual damages you may have suffered.
Even if you owe a debt, the law requires collectors to treat you with respect or face expensive consequences.
*Case taken from PACER (www.pacer.gov). File number is 0:11-cv-02528-JRT-JSM from United States District Court, District of Minnesota.
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 Fidelis Recovery Solutions, Inc. or any other third-party collection agency, you may not be entitled to any compensation.