Is Resort Recovery Solutions Calling You? Protect Your Rights!*
Money problems are stressful, and calls from debt collectors about overdue credit card balances, student loans, and medical bills can make it even worse to deal with. Harassment by debt collectors has resulted in bankruptcy, marital problems, job loss, and other problems.
If you owe money, you may not know that rude and aggressive debt collection methods are actually illegal and that you have the right to make it stop.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was established in 1977 after complaints about rude and disruptive debt collectors reached record highs. The FDCPA granted consumers the right to dispute a debt and tell the collector to stop calling.
The law made it illegal for collection agencies to use pressure tactics like the following:
- Using profane or obscene language
- Calling you at work after you’ve told them that your employer doesn’t allow such calls
- Threatening you with a lawsuit when they have no intention of initiating one
- Contacting you after you have retained legal counsel with regards to the debt
- Demanding high amounts inflated by service ‘fees’
- Pretending to be law enforcement agents to scare you into paying
Company Profile: Resort Recovery Solutions
Resort Recovery Solutions is a collection agency located in San Diego, California. It was established in 2003, has approximately 20 employees, and is managed by its President, Dave Danneberg.
Records archived at the PACER (Public Access to Court Electronic Records) website confirm that Resort Recovery Solutions, which collects debt worldwide, has been accused of collection practices that violate the FDCPA.
Alleged Violations by Resort Recovery Solutions
According to PACER, in February 2014 a California resident received a letter from Resort Recovery Solutions about a debt it had purchased from an original creditor, Fiesta Americana Vacation Club.
It claimed that he owed $2,859.26, $2,117.97 of which was the original debt. The rest was described as a “35% agency fee” for collecting the debt, totaling an additional $741.29 of alleged charges.
On April 8, 2014, he received an email from Resort Recovery Solutions stating,
“Please contact us to resolve this matter in order to avoid additional penalties and charges to your account.”
He later alleged that Resort Recovery Solutions agents called him at work, even after he told them that his workplace did not permit it and to stop.
When they called his cell phone, he told them that he was unable to pay the debt and to stop calling. When the communications failed to cease, he hired a consumer attorney and sued Resort Recovery Solutions for the following alleged FDCPA violations:
- Calling at a time and place known to be inconvenient to him
- Calling his workplace after being informed that such calls were not allowed
- Using false, deceptive and misleading means to collect a debt
- Causing his phone to ring continuously with the intention of annoying him
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone number for Resort Recovery Solutions is 1-858-784-3500. If you see it on your caller ID, a debt collector may be attempting to reach you. If they call you at your workplace after being told you can’t talk to them there and continue to harass you after you’ve indicated you can’t pay, hire a consumer attorney.
The FDCPA prohibits such conduct by third-party debt collectors, and your attorney will help you pursue the matter in court. You could potentially receive $1,000 per FDCPA violation in punitive damages, in addition to them covering your lawyer's fees, any actual damages, and court costs.
When a debt collector challenges your rights under the FDCPA, a consumer attorney can help you get the compensation you deserve.
*Case taken from PACER (www.pacer.gov). File number is 3:15-cv-01307-MMA-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 Resort Recovery Solutions, or any other third-party collection agency, you may not be entitled to any compensation.