Many people are being chased by collection agencies for overdue medical bills, credit card accounts, and student loans. The debt collectors working for them also seem to frequently forget that even though you may owe a debt, you still have rights as a consumer. It’s a mistake that can cost them big time.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect indebted consumers from being abused and harassed by third-party debt collectors. It prohibits actions like the following when used to settle a debt.
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Demanding that you pay a time-barred debt
- Using profane or obscene language
- Talking to uninvolved parties such as your friends, family, and co-workers about the debt
- Contacting you after you have sent a cease and desist letter
- Reporting false information to the credit bureaus
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Company Profile: North American Asset Recovery, Inc.
If you are being called by North American Asset Recovery, Inc., below is an overview of the company background.
North American Asset Recovery, Inc., which also does business as Empire Recovery Group, Inc. is a debt collection agency in Niagara Falls, New York. It opened for business in 2006, has fewer than 10 employees, and is managed by Rodney A. Giove and Jason J. Cafarella. The PACER website records suggest that consumers who believed that they were being harassed by North American Asset Recovery, Inc. refused to be intimidated.
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Alleged Violations against North American Asset Recovery, Inc.*
According to information on the PACER website, on or around May 11, 2007, North American Asset Recovery, Inc. started to contact a Georgia consumer to collect a debt. She complained that collectors left voice messages that did not disclose their identity or the reason for the call. They did allegedly threaten legal action on the debt, which was past the statute of limitations.
This call was allegedly followed by a call to the consumer’s parents, even though North American Asset Recovery, Inc. already had her contact information.
Feeling harassed by North American Asset Recovery, Inc., the consumer took the company to court for:
- Making her debt information available to third parties
- Misrepresenting the legal status of the debt
- Failing to identify itself as a debt collector in all communications
The matter was later settled.
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Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If either of these numbers appear on your caller ID at any time, it means that North American Asset Recovery, Inc. is on the line. If they leave threatening voice messages and share your debt information with unauthorized third parties, hire a consumer lawyer and file a claim against North American Asset Recovery, Inc. If you win your case, you could receive $1,000 per FDCPA violation plus your legal costs, so when a collection agency bullies you, being assertive can give them an unpleasant surprise.
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Additional Resources
*Case taken from PACER (pacer.gov). Case 1:07-cv-01735-ODE from the United States District Court for the Northern District of Georgia, Atlanta 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 North American Asset Recovery, Inc. or any other third-party collection agency, you may not be entitled to any compensation.