Is a debt collector calling you every day yelling and demanding that you pay now or risk losing your house or even your freedom? If so, they are violating federal law, and if you file a claim against them, you could be awarded even more money than you allegedly owed in the first place.
Your Rights Under the FDCPA
While debt collectors are legally allowed to seek payment for a debt you genuinely owe, a consumer protection law called the Fair Debt Collection Practices Act (FDCPA) makes it illegal for them to use unethical collection actions like the following:
- Calling you at times that are inconvenient
- Trying to collect after you have formally disputed a debt
- Not identifying themselves as a debt collector
- Telling your friends, neighbors, and co-workers that you owe a debt
- Using inappropriate or obscene language
- Reporting false information to the credit bureaus
Company Profile: Provident Funding Associates
If you are being called by Provident Funding Associates, more information about the company is below.
Provident Funding Associates is a debt collection agency in Burlingame, California. It was established in 1996, has 50 employees, and is managed by Kristopher Nielsen.
A review of litigation records at the PACER website indicates that consumers who believed that they were being harassed by Provident Funding Associates refused to pay and chose to fight the claim in court.
Alleged Transgressions Provident Funding Associates Has Been Accused Of
According to PACER, on or around January 14, 2009, Provident Funding Associates foreclosed on a home owned by a New Jersey couple. The husband filed for Chapter 13 bankruptcy and participated in the court’s loss mitigation program.
When he applied to extend the loss mitigation and Provident Funding Associates (through an agent) opposed, he and his counsel attended a hearing.
During this hearing, counsel for the agency and its representative allegedly informed him that there was no sheriff’s sale scheduled for the property, so the consumer agreed to dismiss the bankruptcy case.
However, on or about September 5, 2017, he learned that his home had been sold by a sheriff sale on or about August 9, 2017, causing an estimated deficiency balance of 325,000 that he was now liable for.
Feeling harassed by Provident Funding Associates, the consumer sued the agency for violating his rights by:
- Using harassing and abusive means to collect a debt
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter then dismissed at a later date.
Work with an FDCPA Lawyer
The phone number for this debt collection agency is 1-650-652-1300. If it appears on your caller ID, be aware that Provident Funding Associates is on the line. If they provide you with information that causes you to lose the protection of the bankruptcy court, seek compensation by hiring a consumer lawyer and filing a claim against Provident Funding Associates.
Collection agencies that mislead consumers can be ordered to pay you $1,000 per FDCPA violation, so protect yourself by fighting back.
Case taken from PACER (pacer.gov). File number is Case 3:17-cv-07917-PGS-LHG from the United States District Court for the District of New Jersey.
*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 Provident Funding Associates or any other third-party collection agency, you may not be entitled to any compensation.