Is ROC Asset Solutions LLC calling you? Here's what you need to know.
When you fall behind in your monthly bill payments and debt collectors start calling you at home and work everyday, you soon feel stressed and out of control. Consequently, when the harassment becomes too much, you will likely make settlement arrangements that you can’t support or which cut into life’s necessities such as food and rent.
At times like these, it’s important to remember that you have rights, and don’t need to be pressured into debt payments that detrimental to you.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to be deceptive or abusive when trying to collect money from consumers. In particular, it prohibits them from using pressure tactics and ruses like the following:
- Pretending to be police officers or federal agents
- Using profane or obscene language
- Calling you at work after you tell them that you are not able to talk there
- Failing to identify themselves as debt collectors seeking to collect a debt
- Failing to report to the credit bureaus that a debt is in dispute
- Calling you constantly
Although these tactics are illegal, debt collectors use them because they unfortunately work: people who may not even owe a debt pay up to make the harassment stop.
ROC Asset Solutions LLC is a collection agency located in Buffalo, New York. It was established in 2012 and collects consumer debt all over the country. Although it has only been in business for a few years, it has been sued on a number of occasions by consumers who felt that their rights were being violated by allegedly overzealous debt collectors.
Alleged FDCPA Violations
In or around early 2012 ROC Asset Solutions LLC contacted a Texas resident about a payday loan he allegedly took out and failed to repay. During one phone conversation that took place on March 9, a debt collector allegedly made the following statements to Mr. Harrison: “Let me explain why [we previously] called you. That was probably the legal department. They just forwarded this back out to your County. That’s why they called you.... They are going to serve papers....They are trying to pursue you legally onto this.... The only way to stop this is to make a payment today.”
Debt collectors from ROC Asset Solutions LLC also allegedly left voicemails stating, “This is the legal outsourcing department with ROC calling for, [name] , calling in regards to case number 39300. Our office is investigating an IBC offense that has been processed against you. Prior to the examination and discovery phase, we do need a statement on your behalf immediately before certified notice of intent is issued to your home or place of employment. You can press one now to speak with a live representative or contact the office at 855-676-0592 and refer to your case number. Please understand if we do not hear from you, a final decision will be made on your behalf. Thank you.”
He hired a consumer attorney and accused ROC Asset Solutions LLC of making statements and omissions that violated multiple sections of the FDCPA. At the time the collection attempts were made, ROC Asset Solutions LLC allegedly did not have a bond on file with the Texas Secretary of State as required by Tex. Fin. Code § 392.101.
The matter was later dismissed.
The phone numbers for ROC Asset Solutions LLC are 1-855-258- 3652 and 1-716-832-0224. If either number appears on your caller ID, be aware that a debt collector is trying to contact you about a debt you may or may not owe. If they threaten legal action that they never had any intention of taking, see a consumer attorney.
An attorney with experience in FDCPA matters will deal with ROC Asset Solutions LLC on your behalf and, if the harassing behavior persists, help you take the agency to court. Any debt collector who violates the FDCPA can be compelled to pay $1,000 in statutory damages as well as court costs and attorney fees. Collecting debts is legal but bullying consumers is not, and the debt collector could end up owing you money instead.
*Case taken from PACER (www.pacer.gov). File number is 4:15-cv-01334, from United States District Court, Southern District of Texas, Houston 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 ROC Asset Solutions LLC, or any other third-party collection agency, you may not be entitled to any compensation.