Are you being called by HSW Financial Recovery, LLC?* Here's what you need to know
When you owe more money than you can reasonably hope to repay, it’s a stressful situation to be in. Unfortunately, debt collectors don’t always care about your ability to pay or the effect of their actions on your well-being. They will call, send letters, and pressure you in ways that make you feel worse and can even make you forget that you have rights.
Your Rights Under the FDCPA
Although no debt collector will ever admit it, there are restrictions on what they are allowed to say and do when communicating with you. The Fair Debt Collection Practices Act, or FDCPA, prohibits the use of deceptive or bullying methods like those below during the debt collection process.
- Swearing and calling you names
- Claiming that you have committed a crime and threatening to call the police on you if you don’t pay
- Failing or refusing to identify themselves as debt collectors in every communication
- Discussing your debt with anyone except you, your spouse or your attorney
- Demanding amounts not supported by law or the original creditor agreement
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m.
Company Profile: HSW Financial Recovery, LLC
If you are being called by HSW Financial Recovery, LLC, information about the company is below.
HSW Financial Recovery, LLC is a debt collection agency located in Houston, Texas. It was established in 2006, has less than 10 employees, and is managed by Sean Dayani. A review of records on file at the PACER (Public Access to Court Electronic Records) website reveals that some consumers who believed they were being harassed by HSW Financial Recovery, LLC chose to defy the company’s demands in court.
Alleged Violations against HSW Financial Recovery, LLC
According to PACER, on or about March 2010, HSW Financial Recovery, LLC began trying to collect a consumer debt from California consumers. They later complained that a collector dismissed their claims that the alleged debt had been incurred by fraud. The collector allegedly told the consumer that she and her husband were lowlifes, the “scum of the earth” and ought to be thrown in jail. She also allegedly asked the consumer if she wanted her kids taken away.
Feeling harassed by HSW Financial Recovery, LLC, the consumers hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using profane and obscene language
- Misrepresenting the character, amount, and legal status of the debt
- Threatening legal action that could not be taken
- Using oppressive and harassing means to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone numbers for this debt collection agency is 1-713-739-9600. If you see it on your caller ID when the phone rings, it means that you are being called by HSW Financial Recovery, LLC. If they are attempting to collect a debt that you are not legally responsible for and use profane language when you refuse, contact a consumer attorney immediately. Abusing consumers is against the law, and if you win your case, you may be awarded $1,000 per FDCPA violation. If collection agencies misrepresent their abilities, a lawsuit can give them a much-needed reality check.
*Case taken from PACER (www.pacer.gov). File number is Case 8:12-cv-00246-AG-AN from the United States District Court for the Central District of California.
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 HSW Financial Recovery, LLC, or any other third-party collection agency, you may not be entitled to any compensation.