Is Performance Capital Management LLC calling you? Here's what you need to know.
Owing more debt than you can ever hope to repay is a stressful experience. When the monthly payments you can afford fail to reduce the principal, it’s a sign of trouble, and if you lose your job due to layoffs or illness, the situation can escalate into a crisis.
After a certain number of missed payments your creditors will turn the accounts over to a third party debt collector or sell them to a junk debt buyer. In either instance you will start receiving letters and calls that are not always civil or even professional.
How the FDCPA Protects Consumers from Creditor Harassment
The Fair Debt Collection Practices Act, or FDCPA, regulates what third party debt collectors may say and do while trying to collect a consumer debt. Examples of prohibited activities include:
- Swearing and calling you names like loser or deadbeat
- Calling at all hours of the day and night and even appearing at your house
- Calling you at work after you’ve told them that your boss does not permit such calls
- Threatening to call the police on you if you don’t pay
- Talking to uninvolved parties such as your friends, family, and co-workers about the debt
Although they risk sanctions like fines and loss of their business license, many debt collectors use illegal means to collect debt payments because few consumers actually challenge them in court.
Company Profile: Performance Capital Management
Performance Capital Management LLC is a collection agency located in Fremont, California. It was established in 2002, has 30 employees, and now operates as a subsidiary of Oliphant Financial Group, LLC.. According to records archived at the PACER (Public Access to Court Electronic Records) website, Performance Capital Management LLC has been accused of disregarding the FDCPA when trying to collect certain consumer debts.
Alleged FDCPA Violations Against Performance Capital Management
According to PACER, in August 2007 an Oregon resident received a call at her workplace from a Performance Capital Management LLC collector about a delinquent loan from Montgomery Ward. When she said that she was represented by an attorney regarding the debt and unable to receive personal calls at work, the collector allegedly replied that he could call her at any place he wished.
When the calls allegedly continued in September, she hired a consumer attorney and sued Performance Capital Management LLC for allegedly violating the FDCPA in the following ways:
- Calling her at a time and place known to be inconvenient
- Contacting her after being informed that she was represented by an attorney
- Calling her at work even after being informed that her employer did not allow such calls
The matter was later dismissed.
Take Action Against Creditor Harassment
The phone number for Performance Capital Management LLC is 1-714-502-3780. If you see this number on your caller ID, be aware that a debt collector is attempting to reach you. If the collector calls you at your place of employment after being told that personal calls violate company policy or persists in contacting you instead of your attorney, see a consumer attorney who can help you fight back in court.
Because these collection practices may violate the FDCPA, you could potentially win $1,000 per FDCPA violation plus attorney's fees, court costs, and any actual damages, proving to Performance Capital Management LLC that unethical conduct does not pay.
*Case taken from PACER (www.pacer.gov). File number is 3:08-cv-00338-KI from United States District Court, District of Oregon
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 Performance Capital Management, or any other third-party collection agency, you may not be entitled to any compensation.