When debt collectors call you on a regular basis and make a point of belittling and embarrassing you for your inability to pay, you may be tempted to declare bankruptcy to make it all stop. While bankruptcy can give you a fresh start, there are other ways you can stop a collection agency from harassing you.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers from being abused by third-party debt collectors. It prohibits collection agencies from using tactics like the following to compel debt payment.
● Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
● Reporting inaccurate information to the credit bureau
● Trying to collect an amount that is not authorized by law
● Using profane and obscene language
● Telling you that you can be arrested for not paying your debts
● Making threats they have no intention of following up on
Company Profile: Kingman, Cole and Associates
If you are being called by Kingman, Cole and Associates, below is a detailed company overview.
Kingman, Cole and Associates is a collection agency in Brockport, New York. It was founded in 2007, has approximately 25 employees, and is the subject of numerous complaints on consumer right’s forums. Archived records at the PACER website confirm that consumers who believed that they were being harassed by Kingman, Cole and Associates went to court to fight back.
Alleged Violations against Kingman, Cole and Associates*
According to information on the PACER website, in or around November 2007, Kingman, Cole and Associates allegedly started trying to collect a debt from an Alabama consumer. One collector allegedly called the consumer’s wife and told her that he was being charged with three counts of credit card fraud and would have his wages garnished if he didn’t pay. The agency also allegedly called the consumer’s mother and tried to persuade her to pay the debt.
Feeling harassed by Kingman, Cole and Associates, the consumer acted on his rights by suing the company for:
● Threatening legal action that could not be taken
● Discussing the debt with third parties
● Using harassing and abusive means to collect a debt
● Using false, deceptive, and misleading means to collect a debt
● Using unfair and unconscionable means to collect a debt
● Failing to identify itself as a debt collector in all communications
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
Seeing them on your caller ID at any time of the day or night means that Kingman, Cole and Associates is trying to contact you to collect a debt. If they threaten legal action that they cannot take to alarm you into paying, hire a consumer lawyer and file a claim against Kingman, Cole and Associates. You could receive $1,000 per violation as well as attorney's fees, court costs, and any actual damages, making the agency's decision to harass you an expensive one.
*Case taken from PACER (www.pacer.gov). Case 5:08-cv-01154-IPJ from the United States District Court for the Northern District of Alabama, Northeastern 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 Kingman, Cole and Associates or any other third-party collection agency, you may not be entitled to any compensation.