Are you being called by Hearshe Kemp, LLC? Here’s what you need to know.
You’ve likely heard some alarming stories about debt collectors and the ways they intimidate consumers into paying up. What’s worse is that many of these rumors of bullying and misconduct are true. If this happens to you, remember that you have rights that protect you from being treated in this manner.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, a consumer protection law passed in 1977, makes it illegal to use pressure tactics like the those listed below when collecting or attempting to collect a debt.
- Calling you outside of the hours of 8:00 a.m. to 9:00 p.m. in your time zone
- Telling you that you can be arrested or sent to prison for nonpayment
- Threatening to damage your reputation and credit rating
- Failing to identify themselves as debt collectors trying to collect a debt
- Use profane or obscene language
- Threaten legal actions that they have no intention of taking
Company Profile: Hearshe Kemp, LLC
If you are being called by Hearshe Kemp, LLC, information about the company is below.
Hearshe Kemp, LLC is a debt collection firm located in Buffalo, New York. It is a smaller law office, with less than 10 employees, and appears to specialize in collecting overdue cash advances.
Records on file at the PACER (Public Access to Court Electronic Records) website indicate that people who felt they were being harassed by Hearshe Kemp, LLC hired their own attorneys and fought back.
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Alleged Violations against Hearshe Kemp, LLC
According to PACER, on or around November 29, 2012, Hearshe Kemp, LLC called an Illinois consumer to collect a debt, and left a voicemail. The consumer later said that the caller did not identify themselves as a debt collector.
On or around December 5, 2012, the consumer returned the call and advised Hearshe Kemp, LLC that she retained an attorney to file for bankruptcy and provided the attorney’s contact information. The agent she spoke to allegedly replied that, since she was filing bankruptcy instead of paying the debt, they would send someone to pick her up.
When the consumer asked what they meant by pick her up, the agent allegedly implied they had the power to arrest her.
Feeling harassed by Hearshe Kemp, LLC, the consumer hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
- Using false, deceptive and misleading means to collect a debt
- Using unfair or unconscionable means to collect a debt
- Threatening actions that could not legally be taken
- Failing to identify itself as a debt collector in all communications
The matter was later dismissed.
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Hire an Attorney
The phone numbers for Hearshe Kemp, LLC are:
If any of these numbers appear on your caller ID when the phone rings, it means that you may be being called by Hearshe Kemp, LLC. If they threaten to have you arrested if you don’t pay, hire a consumer attorney. If you decide to file a claim against Hearshe Kemp, LLC with your attorney’s help, you could potentially win $1,000 per violation as well as attorney’s fees, court costs, and any actual damages.
Never assume that owing money makes you a target of abuse, as federal law states otherwise.
**Case taken from PACER (www.pacer.gov). File number is Case: 1:13-cv-00733 from the United States District Court for the Northern District of Illinois, Eastern 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 Hearshe Kemp, LLC, or any other third-party collection agency, you may not be entitled to any compensation.