Is Kenneth, Eisen & Associates Ltd calling you? Here’s what you need to know.
When you’re seriously in debt, there’s a sense of being overwhelmed. When you finally reach the point where minimum payments are impossible to keep up, debt collectors will soon start calling, and they can be hostile, rude, and unethical. If this happens to you, don’t assume that you have to put up with mistreatment, because the law is on your side.
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that prohibits the use of deceptive and oppressive collection tactics like the following:
- Using profane and obscene language
- Calling you at all hours of the day and night
- Failing or refusing to report a debt as disputed to the credit bureaus
- Telling you that you have committed a crime like fraud and will be arrested
- Making threats they have no intention of following up on, such as garnishing your wages or filing a lawsuit
Alleged Violations against Kenneth, Eisen & Associates Ltd*
For some debt collectors, however, getting your money trumps obeying the law any time.
Kenneth, Eisen & Associates Ltd is a collection agency located in Phoenix, Arizona. It was established in 2010, employs fewer than 10 staff, and collects consumer debt all over the state. A search of the litigation records archived at the PACER (Public Access to Court Electronic Records) website confirms that Kenneth, Eisen & Associates Ltd has been accused of violating the FDCPA.
Jeffrey Bell v. Kenneth, Eisen & Associates Ltd.
In December 2012 Arizona resident Jeffrey Bell began receiving automated calls from Kenneth, Eisen & Associates Ltd about an alleged debt. The first pre-recorded voicemail message was allegedly as follows:
Hello, I’m calling about important personal business. Please call me back as soon as possible at the following number 800-814-6363. Again, my number is 800-814-6363. Thank you. Goodbye.
More voicemails allegedly followed. They either stated the same brief message or, on occasion, were more detailed.
Number 1 on your telephone to receive the message. If that person is home and can come to the phone press 2. If they are not home press 3. If I have the wrong number press 4. To repeat these choices press the star key. Please have, Jeffrey Bell, call our office during business hours for a message concerning important personal business. The telephone number is 800-814-6363. Again the number is 800-814-6363. Whoever returns this call should refer to reference number 1346969. Again the reference number is 1346969. If you are Jeffrey Bell press one on your telephone to receive the message. Thanks for delivering the message it is important. Goodbye. To repeat this information press the star key.
Mr. Bell hired a consumer attorney and filed a complaint accusing Kenneth, Eisen & Associates Ltd of the following FDCPA violations:
The matter was later settled.
The phone numbers for Kenneth, Eisen & Associates Ltd are 1-602-264-9844 and 1-800-814-6363. If the phone rings and you see this number on your caller ID, it means that a debt collector is trying to contact you about an alleged debt. If they call you constantly and leave messages that do not identify the company or the reason for calling, see a consumer attorney who can help you assert your rights in court.
You could potentially be awarded $1,000 per FDCPA violation plus plus attorney’s fees, court costs, and any actual damages you may have suffered due to stress and embarrassment. Even if you do owe a debt, collectors must obey the law when attempting to collect it, or pay a price of their own.
*Case taken from PACER (www.pacer.gov). File number is 2:13-cv-00375-JWS, from United States District Court, District of Arizona.
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 Kenneth, Eisen & Associates Ltd or any other third-party collection agency, you may not be entitled to any compensation.