Is General Credit Services calling you? You need to know this.*
Nearly 40 years ago, consumer harassment by third party debt collectors was so prevalent that thousands of people opted for personal bankruptcy to escape the hourly calls to their home and workplace and incessant threatening letters.
It got to a point where legislation needed to be enacted to protect the rights of consumers against unethical debt collectors.
In September 1977, Congress stepped in and enacted a consumer protection law intended to curb this abusive behavior.
The Fair Debt Collection Practices Act, or FDCPA, limits what a debt collector can say and do when communicating with you about a delinquent financial obligation.
This law affirms your legal right to not be harrased by debt collectors, and it has made illegal a number of practices.
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Actions like the following are illegal when undertaken during a debt collection attempt:
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Using profane and obscene language
- Trying to collect after you have formally disputed a debt
- Telling you that you can be arrested or have your assets seized if you don’t pay
- Trying to collect amounts that are not supported by law or the original creditor agreement
- Calling you at work when they know that your employer does not permit such calls
Although prohibited, these tactics and others like them remain a part of the repertoire for many debt collections. They are firm believers that aggression and threats bring in debt payments more quickly than civility and professionalism.
Alleged Violations against General Credit Services*
General Credit Services, Inc is a collection agency located in Carmel, Indiana. It was established in 1976, employs 20 to 49 employees, and specializes in medical debt collection.
Records retained by the PACER (Public Access to Court Electronic Records) website indicate that General Credit Services, Inc has been accused of breaching the FDCPA during its dealings with consumers.
On March 3, 2014, an Indiana resident filed for Chapter 7 bankruptcy protection, and was discharged the following June.
On or about February 23, 2015, he obtained and reviewed a copy of his Equifax credit report, which revealed that General Credit Services, Inc was continuing to report the same debt that was included, and discharged, in his bankruptcy case.
Concerned that the agency was misrepresenting the amount of the debt to a credit reporting agency, the plaintiff hired a consumer attorney and sued General Credit Services, Inc for the following alleged FDCPA violations.
- Continuing to report a balance on his credit report despite the fact that the debt had been discharged in his bankruptcy case
- Harassing him by continuing to report a debt that had been discharged in a bankruptcy
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
The phone numbers for General Credit Services, Inc are 1-317-844-5103 and 1-800-736-3983.
If either number appears on your caller ID, a collector from the agency is attempting to contact you about a debt you allegedly owe.
If they continue to report a debt that has been discharged in a bankruptcy, see a consumer attorney. They can deal with General Credit Services, Inc on your behalf and help you sue the company for breaching the FDCPA.
You could potentially be awarded $1,000 per FDCPA violation, as well as court costs and attorney fees, so when debt collectors trample on your rights, the law provides you with a way of fighting back.
*Case taken from PACER (www.pacer.gov). File number is 1:15-cv-01153-SEB-DML from United States District Court, Southern District of Indiana, Indianapolis Division.
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 General Credit Services or any other third-party collection agency, you may not be entitled to any compensation.