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Updated on Author: Contributing Author: Sergei Lemberg

Are You Being Called By Kelly M. Davis and Associates?* Here’s What You Need to Know

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If you find yourself sinking into debt, there are a lot of others in your position. Every day, people lose their jobs or become injured and are unable to work. Divorce and urgent car repairs are also financial setbacks that can prevent you from paying your debts.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) requires collection agencies to obey certain guidelines like identifying themselves properly and validating the debt when asked. Unfortunately, too many of them use collection methods like the following instead:

  • Failing to report your dispute to the credit bureaus
  • Adding illegal service fees to the original debt
  • Calling your relatives and friends about the debt
  • Shouting at you over the phone
  • Using an autodialer to call you
  • Threatening legal actions it had no intention of taking

Are You Being Called By Kelly M. Davis and Associates?* Here's What You Need to Know

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Alleged Violations against Kelly M. Davis and Associates**

According to PACER, on or around November 20, 2019, Kelly M. Davis and Associates sent a collection letter to a Texas consumer about a debt allegedly owed to a roofing contractor. It contained statements like

  • “Unless payment arrangements are made with this office within ten (10) days from the date of this letter”
  • “I will advise my client to file a lien on the subject property.”
  • “Federal law gives you thirty days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute it within that period, this firm will assume that it is valid. If you do dispute it, by notifying this firm in writing to that effect, this firm will, as required by the law, obtain and mail to you proof of your original creditor”

These statements appeared to violate his dispute rights. A lien could not be filed on the property because it was his homestead and his spouse did not sign any agreement or contract with the contractor. The firm was also allegedly not authorized to collect debts in Texas.

Feeling harassed by Kelly M. Davis and Associates, the consumer sed the firm for:

  • Misrepresenting the legal status of the debt
  • Threatening legal actions it could not take

The matter is still ongoing.

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Hire a Consumer Lawyer

The phone number for this debt collection law firm is 1- 972-434-8009. If you ever see it on your caller ID, a representative from Kelly M. Davis and Associates may be calling you. If they threaten you with consequences that they lack the legal standing to take, get a free consultation from a consumer lawyer and file a claim against Kelly M. Davis and Associates. Even law firms can be penalized by being ordered to pay you $1,000 per statutory violation, so don’t hesitate to act on your rights.

**Case taken from PACER ( File number is Case 4:19-cv-00860-RWS-KPJ from the United States District Court for the Eastern District of Texas, Sherman 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 Kelly M. Davis and Associates or any other third-party collection agency, you may not be entitled to any compensation.

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Additional Resources

About the author:

Contributing Author: 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 Contributing Author: Sergei Lemberg
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