Is John P. Frye PC calling you? Here's what you need to know.
The US Congress passed the Fair Debt Collection Practices Act, or FDCPA, in response to numerous consumer complaints about hostile and underhanded debt collection practices. People who had lost their jobs or fallen ill and been unable to pay their bills were being intimidated, threatened, and harassed by third-party debt collectors.
The FDCPA immediately granted such consumers the right to dispute or demand verification of a debt, and even order the debt collector to cease contact.
Under the law, debt collectors are not allowed to do any of the following while pursuing debt payments:
- Yell, swear, or threaten actions that they cannot legally take
- Call someone at work if they know or have reason to know what such calls are not allowed
- Call at inconvenient times, normally before 8:00 a.m. and after 9:00 p.m., in the consumer’s time zone
- Disguise the fact that they are debt collectors trying to collect a debt
- Continue to contact consumers who have sent a cease communications notice or who are represented by an attorney with regards to the debt
- Reveal details about the debt with anyone but the consumer, their spouse, or their attorney
- Use the phone to indulge in harassing behavior, such as calling and hanging up
Alleged Violations against John P. Frye, PC*
Some collection agencies disregard these legal limitations. John P. Frye, PC, is a law firm located in Roanoke, Virginia. Established in 2005, the practice is dedicated to collections law and creditor representation. An examination of records held by PACER (Public Access to Court Electronic Records) reveals that John P. Frye, PC has been sued in the past for alleged violations of the FDCPA.
Jason J. Christiansen v. John P. Frye, PC
In or around August 2009 Jason Christiansen, a Minnesota resident, started receiving a series of calls and letters from the offices of John P. Frye, PC, all of them regarding a delinquent debt. During this collection campaign, collectors contacted Mr. Christiansen at his place of employment. He indicated to them that he was not allowed to receive personal calls at work and demanded that they not continue to contact him there, but the calls allegedly continued.
During one conversation, Mr. Christiansen asked the collection agent what was going to happen to the account if everyone was unable to come to a reasonable settlement agreement. The agent allegedly stated, “We will refer it to an attorney in Minnesota and sue you.”
Mr. Christiansen hired an attorney and filed a complaint that accused John P. Frye, PC of violating the FDCPA, particularly 15 U.S.C. §§ 1692c(a)(3), 1692d, 1692e, 1692e(5) and 1692f amongst others. It cited the alleged calls to his workplace and the alleged threat to pursue the matter in a Minnesota court, the latter of which amounts to threatening to take any action that cannot legally be taken or that is not intended to be taken, and using unfair or unconscionable means to collect a debt.
The matter was later dismissed.
If you receive a call from 1-866-392-3100, a debt collector from John P. Frye, PC is trying to contact you about an alleged debt. If they contact you at your place of employment and persist in doing so after you request them to stop, or threaten legal action that never occurs, contact a consumer attorney. When you obtain legal representation regarding the debt, the firm is no longer permitted to contact you directly, but if they do, you can take them to court.
Any debt collector found guilty of violating your rights under the FDCPA can be ordered to pay you both statutory and actual damages, as well as attorney’s fees and court costs.
*Case taken from PACER (www.pacer.gov). File number is 0:10-cv-03247-ADM-FLN, from United States District Court, District of Minnesota.
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 John P. Frye, PC or any other third-party collection agency, you may not be entitled to any compensation.