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Updated on Author: Contributor: Sergei Lemberg

Is Riscuity Calling You?*

Is Riscuity calling you? Here’s what you need to know.

When debt collectors call, your stress levels can go through the roof. You’re being reminded that you owe money you can’t quickly repay, possibly through no fault of your own. You worry that if the collector doesn’t agree to a payment plan that you can afford, your wages could be garnished, leaving you even worse off. When the collector demeans you and threatens you with dire consequences like arrest, you wonder if personal bankruptcy might be the best option.

Don’t be pushed to that point. As a consumer, you have a few important rights, namely the following:

  • The right to dispute any debt
  • The right to be represented by an attorney in a debt-related matter
  • The right to tell the collector you want no further contact

The Fair Debt Collection Practices Act, or FDCPA prohibits debt collectors from using hostile and unethical methods to get money from you. Such activities include:

  • Using profane and obscene language
  • Calling you outside of the hours of 8:00 a.m. – 9:00 p.m. your time
  • Contacting you at work after you advise them that such calls are not permitted at your place of employment
  • Using an autodialer to call you constantly
  • Threatening action they cannot legally take, such as having you arrested or sent to jail
  • Telling your friends, neighbors, and coworkers that you owe a debt
  • Pretend to be police officers or government agents to scare you into paying

Not all debt collectors care about your rights as a consumer. They just want your money, and will do anything to get it.

Riscuity, Inc. is a collection agency based in Kennesaw, Georgia. It also has an office in the Philippines. The company was originally known as Capital Crossing and changed its name to Riscuity, Inc. in 2004. It currently operates as a subsidiary of Admerex Solutions Inc. A search of the PACER (Public Access to Court Electronic Records) database reveals that Riscuity, Inc has been sued several times for allegedly breaching the FDCPA during its debt collection activities.

According to PACER, in November, 2004, a Wisconsin resident received a debt collection letter from Riscuity, Inc regarding an alleged debt owed to “National Check Bureau Forward Flow.” This letter, the first he had received from the company, stated, “When necessary, Riscuity exercises its rights under the laws in your state in pursuing payment. If so, Riscuity will collect payment utilizing all methods legally available to them.”

He determined that Riscuity, Inc. was not a debt collector licensed by the State of Wisconsin Department of Financial Institutions Division of Banking, and therefore, could not employ any methods of debt collection other than the use of the interstate mails and telecommunications. He and his attorney could also find no evidence that the company had ever initiated litigation against any consumer in the State of Wisconsin.

He initiated a class action lawsuit on behalf of all those who had received such a letter. His filed complaint stated that Riscuity’s letter was false and misleading, as an unsophisticated consumer would understand the letter to mean that Riscuity could employ methods such as litigation and in-person debt collection to recover its alleged debt. This was allegedly a false implication and therefore a violation of 15 U.S.C. § 1692e.

The matter was later dismissed.

If a call from 1-770-919-0204 shows up on your caller ID, a debt collector from Riscuity, trying to contact you. If they make threats they do not appear to intend to follow up on, or are not licensed to collect debts in your state, contact a consumer attorney who specializes in FDCPA matters.

Any collection agency that violates the FDCPA can be fined up to $1000 per violation, and you could win court costs and attorney fees, as well as actual damages. Every once in awhile debt collectors need a reminder that ethical treatment of consumers is a requirement, not an option.

*Case taken from PACER ( File number is 2:05-cv-00317-JPS from United States District Court, Eastern District of Wisconsin, Milwaukee 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 Riscuity, or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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