If a collection agency is harassing or even actually suing you, it can be difficult to know what to do. When you have been dealing with persistent calls, threats, name-calling, and other strategies intended to break you down, you may feel helpless and unsure.
Don’t let an unscrupulous debt collector make your life miserable: a consumer lawyer can file a legal action against them and even get you compensation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission, is a consumer protection law that prohibits debt collectors from using unethical practices like those below to collect a debt from consumers.
Anyone subjected to such treatment has grounds to file a civil lawsuit against the collector.
- Swearing and using profane language
- Discussing the debt with your family, friends, and co-workers
- Pretending to be attorneys or police officers
- Calling at all hours of the day and night
- Ignoring a formal cease communications request
- Contacting you at work after being advised that you are not allowed to talk to them there
Company Profile: Phillips & Burns, LLC
If you are being called by Phillips & Burns, LLC, information about the company is below.
Phillips & Burns, LLC is a debt collection agency located in Buffalo, New York with a branch office on Tampa, Florida. It was founded in 2004, has approximately 50 employees, and is managed by owner Brad Spoor.
Archived court records at the PACER website reveals that consumers who felt they were being harassed by Phillips & Burns, LLC elected to challenge the company in court.
Alleged Violations against Phillips & Burns, LLC
According to PACER, in 2007, Phillips & Burns, LLC started trying to collect a debt from a Colorado consumer. She later alleged that collectors called her parents in addition to herself, leaving voice messages that threatened to take her to court, get a judgment against her, and place a lien on her property if she did not pay the account.
She also claimed that they accused her of a federal felony, that a warrant would be issued for her arrest and that she would go to jail for up to one year and be assessed a $10,000.00 fine if she did not pay the debt.
On or about November 9, 2007, the consumer received a voicemail message from a Phillips & Burns, LLC representative that stated:
“This message is for [name]. This is Ms. Martin with the law firm of Phillips &Burns. I have to notify you that this case has been turned over to my desk, case number 2366-02. Um, right now we have a few charges here pending in my office. Um, first of all, it is a case that is pending civil litigation. Second of all, we’ve had a problem here with a check across state lines. Um, it is a federal offense when you have a bounced check be passed through state lines. At this time… I need to speak to you or your legal representation before these charges get processed through your county…”
Feeling harassed by Phillips & Burns, LLC, the consumer hired a consumer lawyer and sued the company for the following FDCPA infringements:
- Using harassing and abusive measures to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using false, deceptive, and misleading means to collect a debt
- Discussing the debt with third parties
- Threatening actions they could not legally take
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for Phillips & Burns, LLC are:
If you see any of these numbers your caller ID day of night, it means that Phillips & Burns, LLC is looking for you. If they reach out to your relatives, threaten drastic legal consequences, or imply that you’ve committed a crime, a consumer attorney can help you file a claim against Phillips & Burns, LLC.
The FDCPA provides for money damages to consumers who have been harmed by a debt collector’s illegal behavior. You may be entitled to statutory damages of up to $1,000 per violation, plus attorney fees, so fighting for your rights can truly be worth it.
Case taken from PACER (pacer.gov). File number is Case 1:07-cv-02380-RPM-KLM from the United States District Court for the District of Colorado.
*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 Phillips & Burns, LLC. or any other third-party collection agency, you may not be entitled to any compensation.