Are you being called by Franklin Collection Service, Inc.?* Here’s what you need to know.
Dealing with a debt collector is rarely a happy process, as you’re being asked to pay a debt you can’t afford. If the collection agency is rude, hostile, and intrusive, the situation can be impossible to tolerate. Before you consider drastic solutions like bankruptcy, be aware that legally, you don’t have to tolerate maltreatment because you owe money.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 in response to complaints about abusive collection agencies. This federal consumer protection makes it illegal for third-party debt collectors to use tactics like those below to settle a debt:
- Calling you outside of the hours of 8:00 a.m. and 9:00 p.m. your time
- Swearing and yelling to intimidate you
- Making threats they cannot legally carry out
- Calling you at work if they know or have reason to know what such calls are not allowed
- Discuss the debt with anyone but you, your spouse, or your attorney
- Threaten to have you arrested or garnish your wages
Company Profile: Franklin Collection Service, Inc.
If you are being called by Franklin Collection Service, Inc., information about the company is below.
Franklin Collection Service, Inc. is collection agency located in Tupelo, Mississippi. It was established in 1980, has 100 to 249 employees, and is managed by its owner, Dan Franklin. Litigation records archived at the PACER (Public Access to Court Electronic Records) website confirm that several people who felt they were being harassed by Franklin Collection Service, Inc. chose to fight the matter in court.
Alleged Violations against Franklin Collection Service, Inc.
According to PACER, on or about May 6, 2014, an Alabama resident received a collection letter from Franklin Collection Services, Inc. regarding a medical debt. As part of this letter, which was later submitted as an exhibit, the agency instructed her to “contact your attorney regarding our potential remedies” and also to “be sure to include your FCSI case number.”
Approximately nine days later, on or about May 15, 2014, the plaintiff received another letter telling her to “contact your attorney regarding our potential remedies, and your defenses” and that “***it will be pursued to a conclusion!***”
Frightened and upset, she called Franklin Collection Services, Inc. and explained that the medical debt had been acquired due to an assault she had suffered, and that the attacker was ordered to pay her so that she could pay this debt that was incurred through no fault of her own. In the interim, the plaintiff agreed to make payments, but was unable to do so because her assailant did not pay her as ordered.
On or about October 14, 2014, a Franklin Collection Services, Inc. representative called the plaintiff’s employer and asked the person who answered the phone if she worked there. Later that same day, the agency faxed the employer an employment verification request.
Feeling harassed by Franklin Collection Service, Inc., the plaintiff hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency are as follows:
If you see any of these numbers on your caller ID, it means that you are being called by Franklin Collection Service, Inc.. If they send threatening demand letters and try to embarrass you by discussing your debt with third parties, hire a consumer attorney who can help you file a claim against Franklin Collection Service, Inc. If you win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. When debt collectors go too far, the law gives you the resources to assert your rights.
*Case taken from PACER (www.pacer.gov). File number is Case 5:14-cv-02420-IPJ from the United States District Court for the Northern District of Alabama, Northern 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 Franklin Collection Service, Inc., or any other third-party collection agency, you may not be entitled to any compensation.