Is Rosenthal, Morgan & Thomas calling you? Here's what you need to know.
Receiving calls and letter from debt collectors can be overwhelming, especially if their approach is less than civil. Many of them resort to pressure tactics such as calling you several times a day and threatening to seize your home if you don’t pay. Knowing your rights when it comes to dealing with collection agencies can prevent them from getting the best of you if this happens.
Your Rights Under the FDCPA
A consumer protection law called the Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 after predatory collection agencies were linked to an increase in personal bankruptcies. Since then, it has been illegal to use actions like those below to collect a debt:
- Using profane or obscene language
- Calling you every day, and at inconvenient times
- Calling you at work after you say that you are not allowed to talk to them there
- Demanding amounts that are not supported by law or the original creditor agreement
- Pretending to be police officers
- Telling you that you have committed a crime and will be arrested if you don’t pay
Company Profile: Rosenthal, Morgan & Thomas
Rosenthal, Morgan & Thomas is a collection agency located in St. Louis, Missouri. It was established in 2003, has fewer than 10 employees, and is managed by its President, Dave Thomas. Civil litigation files archived at the PACER (Public Access to Court Electronic Records) website indicate that Rosenthal, Morgan & Thomas has been accused of pursuing debts in a way that violates the FDCPA.
Alleged Violations against Rosenthal, Morgan & Thomas
According to PACER, in September 2010 a New York resident learned that Rosenthal, Morgan & Thomas had contacted her elderly father and asked him to get his daughter to return their call. The following month, she received a demand letter for a debt she allegedly owed to Platinum Protection.
The consumer later claimed that when she called Rosenthal, Morgan & Thomas, a male representative was very nasty and loud with her, repeatedly demanding payment of the debt and making threats. At one point the collector, presumably looking at his caller ID, demanded, “Who is Doug Mauro?”
She replied that “Doug Mauro” was both the name of her son and her son’s father. He allegedly interrupted her and began accusing her of fraudulently using a cell phone in her son’s name, adding that it was illegal to get a cellular telephone in a minor’s name. The consumer, both shocked and offended, replied that her son was not a minor and that she did not understand why she was being spoken to in such a rude and offensive manner. In response, the collector allegedly made comments like, “Hang up and call an attorney”, “Why don’t you pay your bills” and “This is a civil matter now.”
When she said she could not pay the debt by October 26, the collector allegedly laughed and said refusal to pay would result in Rosenthal, Morgan & Thomas taking her house, vehicle and bank accounts. Before hanging up, he also allegedly declared, “I am going to contact your employer.”
Shaken and upset, she hired a consumer attorney and sued Rosenthal, Morgan & Thomas for the following alleged FDCPA violations:
- Discussing the debt with an uninvolved third party
- Using abusive and harassing means to collect a debt
- Using false, deceptive and misleading means to collect a debt
- Threatening legal action the agency had no intention of taking
The matter was later dismissed.
Hire an FDCPA Attorney
The phone numbers for Rosenthal, Morgan & Thomas are 1-800-361-0363 and 1-314-786-0700. If you see either number on your caller ID, be aware that a debt collector is calling. If they are rude and threaten to contact your employer or seize your assets, hire a consumer attorney who can help you assert your rights in court.
Bullying consumers is illegal under the FDCPA, and Rosenthal, Morgan & Thomas could be ordered to pay you $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. Owing money does not make you a target of abuse, so when a collector oversteps their bounds, they could end up in debt to you.
*Case taken from PACER (www.pacer.gov). File number is 6:10-cv-06619-MAT from United States District Court for the Western District of New York
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 Rosenthal, Morgan & Thomas, or any other third-party collection agency, you may not be entitled to any compensation.