If you’ve been unable to meet your monthly obligations for awhile, the next time your phone rings, it could be a debt collector on the line. While they are legally permitted to try collecting any unpaid and overdue balances, they are not allowed to deceive, harass or intimidate you.
If they do, remind yourself that you have recourse under the law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 and regulates what third-party collectors can say and do while attempting to collect a debt. It prohibits actions like the ones mentioned below:
- Using profane or obscene language
- Demanding amounts that exceed the amount of the original debt
- Calling you at work when they know that your employer prohibits such calls
- Discussing the debt with anyone except you, your attorney, spouse, or co-signer
- Calling at unreasonable and inconvenient times, such as before 8:00 a.m. or after 9:00 p.m. in your time zone
- Pretending to be police officers or government agents
Company Profile: Roma, Murphy & Horowitz
If you are being called by Roma, Murphy & Horowitz, information about the company is below.
Roma, Murphy & Horowitz is a debt collection company located in San Diego, California. It was established in 1999, has approximately 10 employees, and is managed by its CEO, John Romero.
According to the company’s website, it utilizes attorneys affiliated with the Commercial Law League of America to improve collection strategies.
Records on file at the PACER (Public Access to Court Electronic Records) website reveal that certain consumers who believed they were being harassed by Roma, Murphy & Horowitz called an attorney to help them deal with the situation.
Alleged Violations against Roma, Murphy & Horowitz
According to PACER, in or around late 2009 Roma, Murphy & Horowitz allegedly placed constant and harassing phone calls to a California resident to collect on a debt.
She later alleged that the company contacted third parties, specifically her mother-in-law and ex-husband, and disclosed the nature and existence of the alleged debt, which she denied owing.
Since she was feeling harassed by Roma, Murphy & Horowitz, Ms. French hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Calling at a place and time known to be inconvenient
- Discussing her alleged debt with uninvolved third parties
- Using harassing and abusive means to collect a debt
- Harassing her by phone
- Using false, deceptive and misleading means to collect a debt
The matter was later settled.
Hire an Attorney
The phone numbers for this debt collection law office are:
If either one appears on your caller ID when the phone rings, be aware that you are being called by Roma, Murphy & Horowitz. If the company harasses you by phone and discusses the alleged debt with uninvolved third parties, hire a consumer attorney.
If you decide to file a claim against Roma, Murphy & Horowitz with your attorney’s help and win your case, you could receive $1,000 per FDCPA violation plus damages, court costs, and attorney fees. It’s an expensive penalty that the agency could have avoided by treating you ethically in the first place.
*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 Roma, Murphy & Horowitz, or any other third-party collection agency, you may not be entitled to any compensation.
**Case taken from PACER (www.pacer.gov). File number is Case 3:09-cv-02667-JLS-BLM from the United States District Court for the Southern District of California, San Diego Division.