Debt collectors can be unbelievably persistent. Sometimes they are civil but other times will swear at you, call constantly and threaten to take you to court if you don’t pay. When this happens, know that such maltreatment is illegal and there are steps you can take to make it stop.
Your Rights Under the FDCPA
Not all debt collectors are abusive, but enough of them maltreat consumers that the Federal Trade Commission receives hundreds of complaints every year. The Fair Debt Collection Practices Act (FDCPA) penalizes collection agencies that mistreat consumers in ways like the following:
- Trying to inflate the debt by adding illegal collection fees
- Calling at inconvenient times, such as late at night and when you are at work
- Calling you racist or sexist names
- Demanding that you pay a debt that was included in a previous bankruptcy
- Calling your company’s payroll department to say that wage garnishment paperwork is coming
- Threatening to ruin your credit
Company Profile: Prosper Marketplace, Inc.
If you are being called by Prosper Marketplace, Inc., a general overview of the company is below.
Prosper Marketplace, Inc. is a peer to peer lender and debt collection agency located in San Francisco, California. It was founded in 2005, has 457 employees, and is managed by its CEO, David Kimball.
Its website indicates that Prosper has facilitated more than $13 billion in loans to more than 860,000 people. Litigation records at the PACER website confirm that consumers who believed they were being harassed by Prosper Marketplace, Inc. did not hesitate to take the company to court.
Alleged Violations against Prosper Marketplace, Inc.,
According to PACER, on or about May 25, 2017, an agent for Prosper Marketplace, Inc. sent a collection letter to a Rhode Island consumer. This letter offered a payment plan for her to repay a debt totaling $4,388.62.
She agreed to make seven monthly payments of $314.28, but alleged that after accepting the first four payments, Prosper Marketplace, Inc. refused to accept the fifth one made on September 30, 2017. A collection letter from a law office followed on October 26, 2017.
Feeling harassed by Prosper Marketplace, Inc., the consumer obtained legal counsel and sued the company for allegedly:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Misrepresenting the amount of the debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for this collection agency are:
If these numbers flash on your caller ID, it is confirmation that you are being called by Prosper Marketplace, Inc. If they change the terms of a payment plan after you have already made several payments, hire a consumer lawyer and seek their guidance in filing a claim against Prosper Marketplace, Inc.
If a debt collector disregards the law, you may be eligible to receive statutory damages, your legal fees, and even punitive damages if your life was disrupted. The law protects consumers and punishes debt collectors who forget the fact.
Case taken from PACER (pacer.gov). File number is Case 1:17-cv-00514-JJM-PAS from the United States District Court for the District of Rhode Island.
*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 Prosper Marketplace, Inc., or any other third-party collection agency, you may not be entitled to any compensation.