Are you being called by Phoenix Recovery Group?* Here’s what you need to know
They call you every day. They demand, they cajole, and in many instances, they also threaten. If you’ve ever been chased by a collection agency, you know how persistent they can be. Fortunately, there are ways that you can get them off your back without having to declare bankruptcy.
Your Rights Under the FDCPA
If a collection agency is bothering you, they can be fined or even lose their license. The Fair Debt Collection Practices Act, or FDCPA, makes it illegal to use pressure tactics like these to settle a consumer debt.
- Using profane or obscene language
- Telling you that you can be arrested for not paying your debts
- Calling you at inconvenient times and places, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Leaving voice messages that do not identify the collector and the purpose of their call
- Failing or refusing to identify themselves as debt collectors trying to collect a debt
- Contacting you directly after you have retained an attorney regarding the debt
Company Profile: Phoenix Recovery Group
If you are being called by Phoenix Recovery Group, information about the company is below.
Phoenix Recovery Group, which also does business as Tolteca Enterprises, Inc., is a debt collection office located in San Antonio, Texas. It was established in 2002, has approximately 28 employees, and is managed by its President, Frank Gamboa. It has a B+ rating with the Better Business Bureau due to 31 complaints filed against the company. A review of court dockets digitized at the PACER (Public Access to Court Electronic Records) website confirms that people who believed they were being harassed by Phoenix Recovery Group rebuffed payment demands and escalated the matter to federal court.
Alleged Violations against Phoenix Recovery Group
According to PACER, Phoenix Recovery Group began calling a Texas resident in August 2013. On October 3, 2013, the following message was left on her answering machine:
Message for [name], this is Sandra with Phoenix Group (210) 822-8272 at ext. 6017.
Nearly identical calls followed on at least three separate occasions, and none of the messages allegedly identified the caller as a debt collector seeking to collect a debt. Feeling harassed by Phoenix Recovery Group , she hired a consumer attorney and sued the company for allegedly violating the FDCPA by:
The judge ruled in favor of the plaintiff.
Hire an Attorney
The phone numbers for this debt collection company are as follows:
If either one appears on your caller ID when the phone rings, it means that you are being called by Phoenix Recovery Group. If they fail to properly identify themselves as debt collectors in any voicemails they leave, hire a consumer attorney, as lack of transparency is illegal under the FDCPA. If you file a claim against Phoenix Recovery Group with your attorney’s assistance and win your case, you may receive $1,000 per FDCPA violation in addition to court costs and reasonable attorney fees. Don’t let yourself be pushed around when fighting back can pay off.
*Case taken from PACER (www.pacer.gov). File number is Case 5:14-cv-00874-RP from the United States District Court for the Western District of Texas, San Antonio 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 Recovery Group, or any other third-party collection agency, you may not be entitled to any compensation.