Is Peak Financial Services LLC calling you? Here’s What You Need to Know
Being hounded by debt collectors is never a pleasant experience.
Every time the phone rings or an innocuous-looking letter appears, it’s a reminder that your finances have gotten out of control and you owe more money than you can afford to pay back. If the debt collector is rude, harasses you constantly, or refuses to work out an affordable payment plan with you, you may be tempted to declare bankruptcy to escape an intolerable situation.
Don’t let yourself be pushed to that point, because the law is on your side.
Your Rights Under the FDCPA
Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect indebted consumers from being unfairly treated abuse by third-party debt collectors.
Under this federal law, a collection agent may not use tactics like the following to stress you into paying:
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Swearing and calling you names
- Claiming that they will send the police to arrest you or sheriff to seize your property if you don’t pay
- Calling you at work after you tell them that you are not allowed to talk to them there
- Demanding amounts that are inflated by ‘service charges’
- Failing or refusing to prove a debt exists and they are authorized to collect it
- Telling your friends and neighbors that you owe money
Despite these government-imposed limitations, many debt collectors still use unethical tactics to get your money.
Peak Financial Services LLC is a collection agency located in Phoenix, Arizona. It was established as the collection agency arm of Dollar Financial Group and is dedicated to collecting outstanding payday loans.
Records archived at the PACER (Public Access to Court Electronic Records) website confirm that PD Recovery Inc has been accused of violating the FDCPA during some debt collection attempts.
Alleged FDCPA Violations
In or around 2011, debt collectors from Peak Financial Services LLC Inc began calling a Missouri resident concerning a debt he allegedly owed to US Bank.
That Missouri resident disputed the debt. He later claimed that these representatives identified the company as Parker Fellows Smith & Associates.
They also allegedly stated that the matter was being recommended for legal action, although no such action was ever taken. They also failed to send him a debt validation notice within five days of the original communication.
He hired a consumer attorney and sued Peak Financial Services LLC Inc for allegedly violating the FDCPA in the following ways:
- Misrepresenting the character, amount and legal status of the debt
- Threatening to take legal action, without actually intending to do so
- Using false and deceptive means to collect a debt
- Failing to send a debt validation notice
The matter was later dismissed.
The phone number for Peak Financial Services LLC is 1-602-249-2444. If this number appears on your caller ID, it means a debt collector may be trying to contact you about a debt it has been assigned to collect.
If they threaten legal action that never transpires or fail to send a debt validation notice as required by law, see a consumer attorney.
If you decide to sue the company, you could potentially be awarded compensation, including any actual damages, and $1,000 per violation.
Never assume that owing a debt means you have to tolerate deceptive and unethical collection methods. The law confirms otherwise.
*Case taken from PACER (www.pacer.gov). File number is case 2:11-cv-02040-DGC from United States District Court, District of Arizona
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 Peak Financial Services LLC, or any other third-party collection agency, you may not be entitled to any compensation.