ACA International, the Association of Credit and Collection Professionals, once stated that collection agencies make over one billion contacts with indebted consumers every year. Many of these communications result in complaints of abusive and unethical debt collection practices. This is why it is important to know your rights when debt collectors call.
Your Rights Under the FDCPA
If a debt collector is bullying or harassing you, they are breaking federal law. The Fair Debt Collection Practices Act, or FDCPA, prohibits third-party collection agencies from using 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
- Trying to collect an amount that is not authorized by law or the original creditor agreement
- Refusing to provide proof that you owe a debt and they are authorized to collect it
- Using obscene or profane language
- Threatening action they are not in a position to legally take
- Calling your friends, neighbors, and co-workers and telling them that you owe a debt
Company Profile: Guardian Capital Management Hawaii, LLC
If you are being called by Guardian Capital Management Hawaii, LLC, information about the company is below.
Guardian Capital Management Hawaii, LLC is a debt collection company located in Honolulu, Hawaii. It was established in 2006, has less than 10 employees, and is managed by Jonathon Asahi. Records archived at the PACER (Public Access to Court Electronic Records) website confirm that consumers who felt they were being harassed by Guardian Capital Management Hawaii, LLC hired consumer attorneys to help them assert their rights in court.
Alleged Violations against Guardian Capital Management Hawaii, LLC
According to PACER, in January 2007, Guardian Capital Management Hawaii, LLC sent a collection letter to a Hawaii resident. The plaintiff immediately disputed the debt, which arose from medical treatment she received from Urgent Care Maui, Inc in 2005. She had requested a refund of her copay, since her insurance company paid for the entire treatment, and contested the charge on her credit card when no refund was forthcoming.
In February of 2007, Guardian Capital Management Hawaii, LLC placed adverse information regarding this account on the plaintiff’s credit report, showing that she owed a “recent balance” of $235.00. She disputed the debt again, but the negative notation remained.
Feeling harassed by Guardian Capital Management Hawaii, LLC, the plaintiff hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using false, deceptive and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Failing to report the debt as disputed
- Failing to send her debt validation information
The matter was later dismissed.
Hire an FDCPA Attorney
The phone numbers for this collection agency are:
If you see either one on your caller ID when the phone rings, it means that you are being called by Guardian Capital Management Hawaii, LLC. If they ignore you when you dispute a debt and report inaccurate information to the credit bureaus, hire a consumer attorney. If you file a claim against Guardian Capital Management Hawaii, LLC and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. The law gives you rights that you should always be prepared to act upon.
*Case taken from PACER (www.pacer.gov). File number is Case 1:08-cv-00370-DAE-BMK from the United States District Court for the District of Hawaii.
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 Guardian Capital Management Hawaii, LLC, or any other third-party collection agency, you may not be entitled to any compensation.