While debt collectors may legally ask you to pay a debt, they are not allowed to harass and bully you until you pay. In fact, if a collection agency does take things to that extreme, you have the legal right to demand that they stop and sue them if they don’t.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA, after widespread complaints of harassment from third-party collection agencies. It gives you the right to dispute a debt and punishes debt collectors who use tactics like the following:
- Calling you outside of the hours of 8:00 a.m. - 9:00 p.m. in your time zone
- Using profane or obscene language
- Failing to identify themselves as debt collectors in each communication
- Telling uninvolved third parties that you owe a debt
- Pretending to be police officers, government officials, or any other law enforcement figure
- Ignoring a cease communications notice
Company Profile: Phoenix Credit Solutions, LLC
If you are being called by Phoenix Credit Solutions, LLC, information about the company is below.
Phoenix Credit Solutions, LLC is a debt collection company located in Nashville, Tennessee. It was established in 1998, has 10 to 19 employees, and is managed by Ken Roth.
Legal records maintained by the PACER (Public Access to Court Electronic Records) website suggest that several consumers who believed they were being harassed by Phoenix Credit Solutions, LLC took the agency to court.
Alleged Violations against Phoenix Credit Solutions, LLC
According to PACER, in or around April 2005 a Phoenix Credit Solutions, LLC representative who identified himself as Jim Beattie called a Michigan resident at work and demanded payment for a debt that he had disputed in 1998 and not made a payment on since.
He refused and requested that no more calls be made to his workplace, but Mr. Beattie allegedly said he would continue to call until the debt was paid.
When his wife called Phoenix Credit Solutions, LLC and spoke to Mr. Beattie, he allegedly admitted that the debt was an old one and added, “We can’t sue anybody over this... but we can continue to call and annoy you on it.”
Feeling harassed by Phoenix Credit Solutions, LLC, the couple hired a consumer attorney sued the company for allegedly violating the FDCPA in the following ways:
- Threatening legal action that couldn’t be taken
- Using false, deceptive, and misleading means to collect a debt
- Failing to send a debt validation letter
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency are:
If you see any of them on your caller ID when the phone rings, it means that you are being called by Phoenix Credit Solutions, LLC. If they threaten legal actions that they are not in a position to take and call you at work despite being ordered to stop, hire a consumer attorney.
Harassing consumers in this manner is illegal, so if you file a claim against Phoenix Credit Solutions, LLC, you could receive $1,000 per FDCPA violation. If a collection agency tries to bully you into paying, the law could force them to pay you instead.
Case taken from PACER (www.pacer.gov). File number is Case 1:05-cv-00727-GJQ from the United States District Court for the Western District of Michigan, Southern Division.
*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 Phoenix Credit Solutions, LLC, or any other third-party collection agency, you may not be entitled to any compensation.