Is Progressive Management Systems calling you? Here's what you need to know.
Nearly everyone today carries a credit card balance, is paying off a mortgage, or owes money for medical treatment. Sometimes unexpected circumstances cause these debts to go into arrears, and after a certain number of missed payments, debt collectors start calling. While some are willing to work with people who have experienced financial setbacks, others are so rude and demanding that some people declare bankruptcy to get away from them.
Your Consumer Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which was passed in 1977 and is enforced by the Federal Trade Commission, makes it illegal for third-party debt collectors to use methods like those below to stress or humiliate you into paying what they are demanding.
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Using profane or obscene language
- Ignoring a formal request to cease communications
- Threatening action they cannot legally take or have no intention of taking, such as having you arrested or seizing your assets
- Reporting false information to the credit bureaus
- Discussing the debt with anyone except you, your spouse, or your attorney
The FDCPA also gives you the right to dispute a debt and tell the collector to stop contacting you. In short, you do not have to tolerate deception or abuse.
Company Profile: Progressive Management Systems
Progressive Management Systems is a collection agency with locations in West Covina, California and Las Vegas, Nevada. It was established in 1978, has an employee count of approximately 125, and is operated by its Chief Executive Officer, Rita Galicia. A search of the records on file at the PACER (Public Access to Court Electronic Records) website reveals that Progressive Management Systems has been sued in the past for allegedly infringing on consumer rights while collecting a debt.
Alleged Violations against Progressive Management Systems
According to PACER, in or around early 2014, a California resident began receiving phone calls from Progressive Management Systems about a personal debt it had been assigned to collect from him. He later alleged that the calls were placed using an automatic telephone dialing system, and that each time he answered, he met with a Robocall informing him that the call pertained to an important business matter and instructing him to contact the company’s agent, Mark Miller.
During a live conversation in February 2014, the consumer demanded that Progressive Management Systems stop calling his cell phone and contact him at home instead. Despite this direct request, collectors allegedly continued to call his cell during an automatic dialer. He also alleged that callers failed to identify themselves as debt collectors in many instances and that no debt validation was ever provided, even after he disputed the debt and requested validation.
He hired a consumer attorney and sued Progressive Management Systems for allegedly violating the FDCPA in the following ways:
- Failure to send a debt validation letter within five days of initial contact
- Using oppressive and harassing means to collect a debt
- Calling him constantly with the intention of annoying him
- Placing calls that did not meaningfully disclose the caller’s identity
- Contacting him even after he disputed the debt
The matter was later settled.
Hire an FDCPA Attorney
The phone numbers for Progressive Management Systems are:
If you see any of these numbers on your caller ID, it means that a debt collector is calling. If they use an automatic dialer, fail to identify themselves and their purpose during every conversation, or ignore you when you dispute the debt, hire a consumer attorney who will help you assert your rights in court.
When a debt collector disregards your rights under the FDCPA, they could be ordered to pay you $1,000 per violation as well as attorney's fees, court costs, and any actual damages. Even if you owe the debt, it must be collected according to the law, or the agency faces expensive reminders.
*Case taken from PACER (www.pacer.gov). File number is 3:15-cv-01317-JAH-MDD from United States District Court, Southern District of California
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 Progressive Management Systems, or any other third-party collection agency, you may not be entitled to any compensation.