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Updated on Author: Contributor: Sergei Lemberg

Is KCA Financial Services Inc Calling You?*

Is KCA Financial Services Inc calling you? Here’s what you need to know.

Money problems can cause unbelievable stress and take a toll on a person’s physical and mental wellbeing. When accounts fall into arrears and creditors assign them to third-party collection agencies, it gets even worse, especially if the debt collector disregards FDCPA guidelines while collecting or attempting to collect a debt.

The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect those who owe a debt from being intimidated and harassed by third-party debt collectors. It imposes strict guidelines on what collection agents may or may not do during their communications with consumers. For example, the following behaviors are prohibited:

  • Presenting themselves as anything but a debt collector looking to settle a debt
  • Calling a person at inconvenient times, primarily before 8:00 a.m. and after 9:00 p.m. in their time zone
  • Contacting them at their workplace after being advised that such calls are not permitted
  • Using obscene or profane language
  • Contacting someone who has hired an attorney to represent them regarding the debt or sent a formal cease communications notice
  • Threatening action they are not in a position to legally take, such as having someone arrested or jailed for nonpayment
  • Discussing the debt with anyone except the consumer, their attorney, or their spouse

Alleged Violations against KCA Financial Services,Inc.*

One collection agency that has frequently been accused of disregarding the FDCPA is KCA Financial Services,Inc., which was established in 1957 and acquired by State Collection Service in 2010. The acquisition enabled the Geneva, Illinois-based company to extend its area of operations and grow much more quickly.

An examination of records retained by PACER (Public Access to Court Electronic Records) reveals that KCA Financial Services, Inc has been a frequent defendant in cases involving alleged FDCPA violations.

Nicole Fasano v. KCA Financial Services, Inc

In July 2008 KCA Financial Services, Inc sent a collection notice to Pennsylvania resident Nicole Fasano in connection with an allegedly overdue consumer account. The letter, dated July 2, states in part: We believe credit is of value to you. If you knew your current and future credit and employment opportunities could be affected for the next seven (7) years, you would want the opportunity to settle this matter and clear your good name.

In the complaint filed with the US District Court, Ms Fasano’s attorney stated that section 1692e of the FDCPA prohibits a debt collector from making false, deceptive or misleading statements in connection with the collection of a debt, while section 1692e(10) prohibits the use of deceptive means to collect a debt alleged due.

The complaint accused KCA Financial Services, Inc of misleadingly conveying in its letter that the alleged account would be reported for seven years from the date of its letter and that Ms Fasano’s credit rating would be adversely impacted for that period. The letter allegedly misstated the reporting period as a collection ploy designed to convince the reader that unless paid, the account would be adversely reported for a period longer than is permitted under the Fair Credit Reporting Act.

The matter was later dismissed.

The phone number for KCA Financial Services, Inc is 1-630-232-2545. If this number appears on your caller ID, a debt collector is attempting to reach you to settle a debt. If their verbal or written communications misrepresent the debt in any way, you can report them to the Federal Trade Commission, Consumer Financial Protection Bureau, and/or your state attorney general’s office.

It is also a good idea to contact a consumer attorney with FDCPA case experience. If KCA Financial Services,Inc. breaks the law while trying to collect a debt from you, you may be compensated up to $1000 per FDCPA violation, plus attorney’s fees and court costs.

*Case taken from PACER ( File number is 2:08-cv-03177-MAM, from United States District Court, Eastern District of Pennsylvania.

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 KCA Financial Services,Inc. or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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