When a collection agency is on your trail, it can be relentless. Its agents will call relatives you haven't spoken to in years, pretend to be FBI agents with an arrest warrant out for you, and even call your payroll department at work to advise that a garnishment order may be forthcoming. This is all illegal conduct that can get the agency in trouble if you act on your rights.
Your Rights Under the FDCPA
The Fair Debt Collections Practices Act (FDCPA) was passed in 1977 to protect consumers from being harassed and taken advantage of by collection agency. It applies to third-party debt collectors (which includes attorneys) and provides legal remedies if they subject you to the following:
● Using profane and abusive language
● Telling your friends and uninvolved family members about the debt
● Failing to identify themselves as debt collectors collecting a debt
● Reporting inaccurate information to the credit bureaus
● Trying to collect a debt discharged in bankruptcy
● Calling before 8:00 a.m. and after 9:00 p.m.
Company Profile: Preferred Collection and Management Services, Inc.
If you are being called by Preferred Collection and Management Services, Inc., additional company details are below.
Preferred Collection and Management Services, Inc., which also does business as The Preferred Group of Tampa, is a debt collection agency in Tampa, Florida. It was founded in 1978, has 20 to 49 employees, and is managed by its CEO, David Kelley. An inspection of civil lawsuit records at the PACER website reveals that consumers who believed that they were being harassed by Preferred Collection and Management Services, Inc. looked into the legal remedies available.
Alleged Violations against Preferred Collection and Management Services, Inc.*
According to information on the PACER website, on or about June 24, 2019, Preferred Collection and Management Services, Inc. sent a collection letter to a Florida consumer.
She disputed the debt and had her attorney send the agency a letter on July 2.
Despite this attorney notice, the consumer alleged that on July 23, 2019, Preferred Collection and Management Services, Inc. called her cell phone and pretended to be an employee of the original creditor. When her attorney called the creditor and asked for that employee’s name, he was allegedly advised that no such person was on staff.
Feeling harassed by Preferred Collection and Management Services, Inc., the consumer filed a lawsuit against the company for allegedly:
● Contacting her directly when she was represented by an attorney regarding the debt
● Continuing to contact her after she disputed the debt
● Failing to send her a debt validation notice
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
Seeing them on your caller ID is confirmation that Preferred Collection and Management Services, Inc. is calling you. If they contact you directly about the debt after receiving notice that you have an attorney,’ hire a consumer lawyer and file a claim against Preferred Collection and Management Services, Inc. If you win your case, the company must pay you $1000 per violation plus court costs and attorney fees, so taking a collection agency to court can pay off.
*Case taken from PACER (www.pacer.gov). File number is Case 6:19-cv-01459-WWB-DCI from the United States District Court for the Middle District of Florida, Orlando 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 Preferred Collection and Management Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.