Are you being called by RS Clark and Associates, Inc.?* Here's what you need to know/
Although your bills are in arrears because you lost your job, the debt collector calling you every day doesn’t seem to care. They simply demand payment in rude and condescending terms and even accuse you of being a deadbeat. Don’t tolerate such mistreatment: it’s illegal and you can fight back.
People can run into financial problems often through no fault of their own. The unfortunate reality is that debt collectors have little interest in what caused your situation: they simply want you to pay, and many of them lack both compassion and professionalism in their approach. If this happens to you, remember that mistreating indebted consumers is not only unethical, it’s illegal.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which was passed in September 1977, is a consumer protection law intended to keep third-party debt collectors from harassing consumers over payment. Prohibited actions include:
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m
- Telling you that you can be arrested and imprisoned if you do not pay the amount they are demanding
- Using abusive and / or obscene language
- Threatening you with consequences or actions they can’t legally take or have no intention of taking
- Discussing your debt with anyone except you, your spouse, or your attorney
- Calling you at work after you’ve told them that your employer doesn’t allow such calls
Company Profile: RS Clark and Associates, Inc.
If you are being called by RS Clark and Associates, Inc., information about the company is below.
RS Clark and Associates, Inc. is a debt collection company located in Dallas, Texas. It was established in 2001, has approximately 27 employees, and is managed by CEO Wesley Rowden. It has a C rating with the Better Business Bureau. Records on file at the PACER (Public Access to Court Electronic Records) website reveal that several consumers who believed they were being harassed by RS Clark and Associates, Inc. chose to file lawsuits instead of pay.
Alleged Violations against RS Clark and Associates, Inc.
According to PACER, on or about March 15, 2016, a Georgia resident obtained a copy of her consumer report as published by Equifax. It revealed that in October 2015 RS Clark and Associates, Inc. reported a debt as owing even though it had been included in an earlier bankruptcy filing.
Feeling harassed by RS Clark and Associates, Inc., she hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Misrepresenting the character, amount, or legal status of the debt
- Using false, deceptive and misleading means to collect a debt
- Reporting incorrect information to the credit bureaus
The matter was later settled.
Hire an Attorney
The phone numbers for this debt collection agency are as follows:
If you see either one on your caller ID, it means that you are being called by RS Clark and Associates, Inc.. If they attempt to collect a debt that was included in a bankruptcy, contact a consumer attorney right away. If you file a claim against RS Clark and Associates, Inc, you could be awarded $1,000 per FDCPA violation plus court costs and attorney fees. When a debt collector tries to take advantage of you, it could turn out to be a costly mistake.
*Case taken from PACER (www.pacer.gov). File number is Case 1:16-cv-02548-MHC from the United States District Court for the Northern District of Georgia, Atlanta 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 RS Clark and Associates, Inc., or any other third-party collection agency, you may not be entitled to any compensation.