Being in debt is a stressful situation that intensifies if debt collectors start bullying you and demanding that you pay it all at once. You tell them to stop contacting you, and they might not listen. Is there any way to stop the harassment short of declaring personal bankruptcy?
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 after abusive debt collectors drove too many people to declare personal bankruptcy. The FDCPA regulates what third-party collectors can say and do while attempting to collect a debt, and prohibits actions like those below:
- Using profane and abusive language
- Calling you at work after being informed that your boss does not permit such calls
- Discussing the debt with anyone except the you, your attorney, spouse, or co-signer
- Calling at unreasonable and inconvenient times, such as before 8:00 a.m. or after 9:00 p.m. in your time zone
- Calling you several times per day using an autodialer
- Pretending to be police officers or government agents
Company Profile: Investment Retrievers, Inc.
If you are being called by Investment Retrievers, Inc. information about the company is below.
Investment Retrievers, Inc. is a debt collection law firm located in Folsom, California. It was established in 2001, has 20 to 49 employees, and is managed by its CEO, James Kiley. Records viewable at the PACER (Public Access to Court Electronic Records) website indicate that consumers who believed they were being harassed by Investment Retrievers, Inc. chose to challenge the collection attempts in court.
Alleged Violations against Investment Retrievers, Inc.
Diane DeStefano vs. Investment Retrievers, Inc.*
According to PACER, in early 2009 Investment Retrievers, Inc. began attempting to collect a credit card debt from Illinois resident Diane DeStefano. Being disabled and with limited assets and income, Ms. DeStefano could not pay the amount demanded, so she sought the assistance of the legal aid attorneys at the Chicago Legal Clinic’s LASPD program.
On April 24, 2009, one of Ms. DeStefano’s attorneys at LASPD sent Investment Retrievers, Inc. a letter advising that she was represented by counsel and to stop contacting her directly because she could not afford to pay the debt. Nonetheless, Investment Retrievers, Inc. sent a collection letter, dated June 18, 2010, directly to Ms. DeStefano.
Feeling harassed by Investment Retrievers, Inc., she hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
- Demanding payment even after she indicated an inability to pay
- Contacting her directly when she was represented by counsel
The matter was later settled.
Hire an FDCPA Attorney
The phone numbers for this collection agency are:
If you see either number on your caller ID, it means that you are being called by Investment Retrievers, Inc.. If they keep calling you directly after you engage the services of an attorney regarding the debt, hire a consumer attorney. If you file a claim against Investment Retrievers, Inc. and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. You have rights that debt collectors cannot violate, no matter how much you owe.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:10-cv-05103 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 Investment Retrievers, Inc., or any other third-party collection agency, you may not be entitled to any compensation.