Many people fall into debt due to circumstances beyond their control, but this doesn’t stop debt collectors from hounding them nonstop, so it is important to know your rights when you’re dealing with third-party collection agencies.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was established in 1977 to combat collection agencies that were hounding people into bankruptcy. The FDCPA penalizes debt collectors who use methods like the following to collect a debt.
- Swearing and calling you names
- Talking to uninvolved parties about the debt
- Calling you at your workplace
- Demanding illegal ‘fees’ in addition to the original debt
- Telling you that you can be arrested if you don’t pay
- Failing to report a dispute to the credit bureaus
Company Profile: MSW Capital, LLC
If you are being called by MSW Capital, LLC, a company overview is below.
MSW Capital, LLC is a collection agency in Basking Ridge, New Jersey. It opened for business in 2005, has 48 employees, and is managed by Lawrence A. Whipple Jr. It appears to be connected with Whipple Law, P.A. A review of case files at the PACER website reveals that those who felt that they were being harassed by MSW Capital, LLC chose to sue instead of pay.
Alleged Violations against MSW Capital, LLC*
According to PACER, on or around November 4, 2015, MSW Capital, LLC entered into an agreement with a Delaware consumer to settle her debt for four monthly payments. She made the payments through her debt settlement company, but on January 5, 2017, she received a collection letter asking for more money.
Feeling harassed by MSW Capital, LLC, the consumer sued the company for:
- Misrepresenting the amount of the debt
- Using deceptive and misleading means to collect a debt
The case was later resolved.
Hire a Consumer Lawyer
The phone numbers for MSW Capital, LLC are:
Seeing them on your caller ID means that you are being called by MSW Capital, LLC. If they use deceptive or misleading means to induce you to settle a debt, hire a consumer lawyer and file a claim against MSW Capital, LLC. The law protects you from dishonest debt collection practices, so you could receive damages of $1,000 per violation plus your attorney fees, making it worth your while to fight back.
*Case taken from PACER (pacer.gov). File number is Case 1:17-cv-00566-LPS from the United States District Court for the District of Delaware.
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 MSW Capital, LLC or any other third-party collection agency, you may not be entitled to any compensation.