Although there are laws designed to protect them from harassment, many American consumers are frightened into declaring personal bankruptcy after debt collectors threaten them with arrest, wage garnishments, and other alarming outcomes.
If you are being threatened by such an agency, learn more about how you can fight back.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that strictly controls what debt collectors can say or do while attempting to collect a debt. When a collection agency uses measures like those below, they risk being fined or shut down.
- Calling at all hours of the day and night instead of within the legally approved time frame
- Contacting you even after you have retained a consumer attorney
- Leaving abusive messages on your voicemail
- Calling you at work after you tell them that you can’t take personal calls there
- Threatening to report the debt to the credit bureaus until it is paid
- Calling you a criminal for not paying a debt
Company Profile: PennyMac Corp.
If you are being called by PennyMac Corp., a more detailed company background is below.
PennyMac Corp. is a mortgage servicer and debt collection agency located in Moorpark, California. It was founded in 2008, has 3,189 employees, and is managed by its President and CEO, David A. Spector.
A close review of legal files at the PACER website confirms that consumers who believed they were being harassed by PennyMac Corp. escalated the matter to court.
Alleged Violations against PennyMac Corp.
According to PACER, on or about September 9, 2014, PennyMac Corp. initiated collection actions against a New York consumer to recover a mortgage debt. The date of alleged default was in March 2008, making the debt legally uncollectible.
After discovering that the debt was appearing on her credit report, the consumer disputed the debt on November 18, 2014, but allegedly received no validation as required by law.
Feeling harassed by PennyMac Corp., she sued the company for the following alleged FDCPA violations:
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Failing to validate the debt
- Ignoring a written dispute
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for this collection agency are:
Their appearance on your caller ID means that you are being called by PennyMac Corp., presumably about a debt you allegedly owe. If they try to collect a time-barred debt and ignore a dispute letter, take the added step of hiring a consumer lawyer and filing a claim against PennyMac Corp.
Collection agencies that violate the FDCPA can be ordered to pay you $1,000 in statutory damages and cover your attorney fees, so never assume that you have no rights in these situations.
Case taken from PACER (pacer.gov). File number is Case 1:15-cv-05612-ENV-ST from the United States District Court for the Eastern District of New York.
*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 PennyMac Corp. or any other third-party collection agency, you may not be entitled to any compensation.