Stories about abusive debt collectors are becoming increasingly frequent in the news. Some collection agencies have even tried to bully people into paying debts they never owed.
Unfortunately, their victims have no idea that there are laws in place to protect them, so they suffer the insults, harassment, and lawsuit threats in silence.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, provides you with certain rights when a debt collector behaves unprofessionally. Below are some examples of misconduct that can get a collection agency fined or closed permanently.
- Re-aging a debt to make it appear as if it is still collectible
- Pretending to be members of law enforcement
- Calling you at work to embarrass you
- Not sending a debt validation letter within five days after contacting you
- Telling your family that you are in debt
- Using an auto-dialer to harass you by phone
Company Profile: New Penn Financial, LLC
If you are being called by New Penn Financial, LLC, more information about the agency is below.
New Penn Financial, LLC, which also does business as Shellpoint Mortgage Servicing, LLC and NewRez LLC, is a mortgage servicer headquartered in Plymouth Meeting, Pennsylvania. It was founded in 2008, has 210 employees, and is managed by its President and CEO, Kevin Harrigan.
Litigation files archived at the PACER website reveals that consumers who felt that they were being harassed by New Penn Financial, LLC did not pay debts they didn’t believe they owed.
Alleged Violations against New Penn Financial, LLC
According to PACER, on or around April 21, 2015, New Penn Financial, LLC allegedly started calling an Arizona consumer to collect a mortgage debt.
The consumer asserted that he had been unable to meet his mortgage obligation on the property years ago and it was sold at a trustee’s sale in September 2009. He had executed a note for $35,550 to secure a second mortgage on the property, which was transferred to New Penn Financial, LLC.
This debt, however, was protected by Arizona’s anti-deficiency statutes and the agency had no standing to collect it. The consumer requested that they stop calling, but calls and letters allegedly continued.
Feeling harassed by New Penn Financial, LLC, the consumer filed an FDCPA lawsuit against the company for the following alleged violations:
- Harassing him by phone
- Attempting to collect an amount not permitted by law
- Misrepresenting the legal status of the debt
- Threatening legal action that could not be taken
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for New Penn Financial, LLC are:
Seeing them on your caller ID means that you are being called by New Penn Financial, LLC. If they chase you over a debt that you don’t legally owe, don’t be bullied into paying it. Hire a consumer lawyer and file a claim against New Penn Financial, LLC for harassing you.
You could be awarded $1,000 per FDCPA violation, so acting on your rights can pay off.
*Case taken from PACER (pacer.gov). File number is Case 4:16-cv-00223-RM from the United States District Court for the District of Arizona, Tucson 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 New Penn Financial, LLC, or any other third-party collection agency, you may not be entitled to any compensation.