Being hounded by a collection agency is highly stressful, especially when you can’t afford to pay what they are demanding. It becomes worse when they send rude letters, belittle you over the phone, and embarrass you by calling you at work.
Fortunately, there is a way to stop such harassment, thanks to a consumer protection law passed 40 years ago.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect consumers from being unfairly treated by third-party collection agencies. Under this federal law, a debt collector may not use tactics like the following to pressure you into paying:
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Claiming that they will send the police to arrest you or send the sheriff to seize your property if you don’t pay
- Demanding amounts that are inflated by “service charges”
- Telling your friends and neighbors that you owe money
- Using profane and obscene language
- Calling you several times per day using an autodialer
Company Profile: Ocwen Loan Servicing, LLC
If you are being called by Ocwen Loan Servicing, LLC, you should keep reading for more information about the company.
Ocwen Loan Servicing, LLC is a collection agency headquartered in West Palm Beach, Florida. It was established in 1988, has close to 9,000 employees across the country, and is managed by its President, Ronald M. Faris.
A search of civil litigation records on the PACER (Public Access to Court Electronic Records) website indicates that people who felt they were being harassed by Ocwen Loan Servicing, LLC moved the dispute into the courtroom after they had had enough.
Alleged Violations Against Ocwen Loan Servicing, LLC
According to PACER, in or around May of 2011, Ocwen Loan Servicing, LLC allegedly started calling a New Jersey resident in an attempt to collect a debt owed by her daughter. She later complained that these calls were robo-dialled and sometimes occurred up to three times a day.
When she did speak to a collector, they allegedly belittled her and made comments such as, “Why are you not acknowledging that you are Luz Santana?” One collector allegedly told her that Ocwen Loan Servicing, LLC would continue to call her until the debt was paid.
Feeling harassed by Ocwen Loan Servicing, LLC, the plaintiff hired a consumer attorney and sued the agency for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Failing to identify itself as a debt collector in all communications
- Misrepresenting its authority by claiming to work on behalf of the FDIC, which is a U.S. government agency
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency include:
If any of these numbers appear on your caller ID when the phone rings, be aware that you are being called by Ocwen Loan Servicing, LLC. If they harass you over someone else’s debt, hire a consumer attorney.
If you file a claim against Ocwen Loan Servicing, LLC and win, you could be awarded $1,000 per FDCPA violation as well as costs and attorney fees. Collecting a debt is perfectly legal, but using unethical methods to do so is not.
*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 Ocwen Loan Servicing, LLC, or any other third-party collection agency, you may not be entitled to any compensation.
**Case taken from PACER (www.pacer.gov). File number is Case 1:12-cv-01082-RMB-AMD from the United States District Court for the District of New Jersey.