Are you being called by Scherr & McClure Law P.A.?* Here’s what you need to know.
The rising cost of living, combined with a lack of a corresponding increase in average income, has left many Americans in a difficult financial situation. If they become too ill to work or lose their jobs for any reason, it escalates into a financial nightmare that eventually involves collection agencies. If this happens to you, be aware that there are limits on what a debt collector can say or do when trying to get you to settle a debt.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) makes it illegal for collection agencies to bully or manipulate consumers into paying them. Abusive tactics like the following are prohibited and can result in fines or license revocation:
Company Profile: Scherr & McClure Law P.A.
Scherr & McClure Law P.A. is a debt collection law office located in Lake Mary, Florida. It was established in 2008 and is managed by its President, Harold E. Scherr. SquareTwo Financial regularly retains the firm to bring collection lawsuits on behalf of the former’s debt buyer subsidiaries CACH, LLC and CACV of Colorado, LLC. Records on file at the PACER (Public Access to Court Electronic Records) website reveal that consumers who believed they were being harassed by Scherr & McClure Law P.A. have sued the firm to protect their rights.
Alleged Violations against Scherr & McClure Law P.A.
According to PACER, beginning in or around early 2014, a New York resident was allegedly called by Scherr & McClure, P.A. several times about an alleged debt. He later complained that these messages contained phrases such as “I’m calling with the Law Firm of Scherr & McClure”, which, in his opinion, was intended to give the impression that the communication was from a law office in the practical sense and frighten the listener into believing that litigation was imminent.
Feeling harassed by Scherr & McClure, P.A. and suspecting that such messages were a routine collection tactic, Mr. Stern hired a consumer attorney and launched a class action lawsuit against the firm for the following alleged FDCPA violations:
- Using false, deceptive or misleading means to collect a debt
- Implying that there was direct attorney involvement in his case
The matter was later settled.
Hire an Attorney
The phone numbers for Scherr & McClure Law P.A. are:
If either number appears on your caller ID when the phone rings, it means that you are being called by Scherr & McClure Law P.A.. If they leave messages that falsely imply that litigation over your debt is limited, hire a consumer attorney. If you file a claim against Scherr & McClure Law P.A and win, you could be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. You have rights no matter how much you owe, so don’t hesitate to act on them.
*Case taken from PACER (www.pacer.gov). File number is Case 1:14-cv-05248-PKC-JMA from the United States District Court for the Eastern 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 Scherr & McClure Law P.A. or any other third-party collection agency, you may not be entitled to any compensation.