Is Riverview Asset Management calling you? Here’s what you need to know.
Many Americans carry some form of debt. When the financial obligations start piling up and you fall behind, you stand a real chance of having to deal with a third-party debt collector. These agencies will often use any method at their disposal- both legal and illegal- to collect the money you owe, leaving you drained mentally and emotionally.
In 1977 the US Government passed the Fair Debt Collection Practices Act, or FDCPA, to protect consumers from abusive and predatory debt collectors. The FDCPA grants you the right to dispute a debt and tell the collection agency to stop calling you. It also imposes financial penalties on debt collectors who use underhanded tactics like the following:
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- Failing to identify themselves during each communication as a debt collector seeking to collect a debt
- Yelling and using profane, abusive language
- Using the phone to harass you by calling nonstop or calling and hanging up when you answer
- Calling you at work after you advise that your boss won’t let you take such calls
- Pretending to be police officers, government officials, or any other law enforcement figure
- Threatening you with punitive actions they cannot legally take, like have you arrested or destroy your credit for life
- Telling your friends, neighbors, and co-workers that you owe a debt
Although these methods are illegal, certain debt collectors persist in using them to intimidate debt-ridden consumers into paying.
Riverview Asset Management is an asset management service located in Grand Island, New York. A subsidiary, Portfolio Recovery Group LLC, was established in 2010 and is responsible for collecting all debts owed. According to the PACER (Public Access to Court Electronic Records) system, Riverview Asset Management / Portfolio Recovery Group LLC has been sued for allegedly violating the FDCPA while collecting debts.
According to PACER, in early June 2011, a Texas resident began getting calls from Riverview Asset Management / Portfolio Recovery Group LLC on both her cell and work numbers regarding a debt she allegedly owed to CashNet. One message, left on June 9, allegedly stated:
“Miss [name], this is Marshal Cooper. I have left a couple of messages and you have not called me back. If you have not received sealed documents at your home or office then call me. They did subpoena your bank records. The attorneys did that. Please call me back.”
On June 10, the consumer took a call on her office line from Mr. Cooper. She advised him that she had spoken with the original creditor and would not be dealing with his agency. After telling him not to call her office ever again, she hung up. Later that day, the following message was allegedly left on her cell phone voicemail:
“Miss Key, this is Marshal Cooper. I don’t know why you hung up on me. If you had talked to me I would have told you that CashNet sold your debt to DBM who sold the debt to Riverview Asset Management, which is the parent company of Portfolio Recovery Group. We have your debt in our office. I am not trying to scam you.”
The calls continued. Worried about the alleged subpoena of her bank records and being served with “sealed documents”, she hired an attorney, who investigated and confirmed that no litigation was pending against her.
Her complaint accused Riverview Asset Management / Portfolio Recovery Group LLC of violating the FDCPA in the following ways:
- Calling her at her place of employment after being advised that she could not take calls at work (15 U.S.C. 1692c(l), 15 U.S.C. 1692c(3), and 15 U.S.C.1692d)
- Leaving messages that failed to state the name of the company or advise her that the call was from a collection company attempting to collect a debt (15 U.S.C. 1692d(6) and 1692e(11))
- Advising her that her bank records had been subject to a subpoena and threatening her that she would be receiving “sealed documents” (15 U.S.C. 1692e)
The matter was later dismissed.
The phone number for Riverview Asset Management / Portfolio Recovery Group LLC is 1-877-286-0398. If this number appears on your caller ID, be aware that a debt collector is trying to contact you about money you allegedly owe.
If they persist in calling you at work, leaving messages that don’t identify them as debt collectors, or threatening you with legal actions they have no intention of taking, contact a consumer attorney. Harassing and misleading consumers while collecting a debt is illegal, and a judge may order them to compensate you for violating your rights.
*Case taken from PACER (www.pacer.gov). File number is 3:12-cv-01767-K, from United States District Court for the Northern District of Texas
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 Riverview Asset Management, or any other third-party collection agency, you may not be entitled to any compensation.