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, you have recourse under the law.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA to protect consumers from unethical debt collection practices. This consumer protection law made abusive harassing tactics like those below became illegal:
- Swearing at you, yelling, or threatening violence
- Saying that they will seize your property or garnish your wages
- Attempting to collect a debt discharged in a previous bankruptcy
- Calling at all hours of the day and night
- Claiming that you owe an amount that’s not supported by law or the original creditor agreement
- Discussing your debt with anyone except you, your spouse, or your attorney
Company Profile: Signature Performance Tiburon
If you are being called by Signature Performance Tiburon, more information about the company is below.
Signature Performance Tiburon, which also does business as Tiburon Financial, is a financial services company in Omaha, Nebraska. It was established in 2000, has 52 employees, and is managed by its President and CEO, Allen Fredrickson. Inc. Records maintained by the PACER website reveal that consumers who believed that they were being harassed by Signature Performance Tiburon asserted their rights in court.
Alleged Violations against Signature Performance Tiburon**
According to information on the PACER website, in or around 2014, a Nebraska consumer received a collection letter from Signature Performance Tiburon regarding a medical debt. After speaking to a law firm retained by the company, she agreed to make monthly payments.
When she received a Stipulation Letter, which used language that made it appear that a lawsuit had been filed against her (when it hadn’t), the consumer became alarmed and signed it. The following October, the company requested and received a judgment against her based on the letter, allowing it to garnish her bank account and wages.
Feeling harassed by Signature Performance Tiburon, the consumer filed an FDCPA claim against the agency for:
- Using false, deceptive, and misleading means to collect a debt
- Threatening to take action that cannot legally be taken
- Misrepresenting the character, amount, or legal status of the debt
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If you see any of them on your caller ID when the phone rings, it means that you are being called by Signature Performance Tiburon. If they mislead you into signing paperwork that facilitates a collection lawsuit, you should fight back by hiring a consumer lawyer and filing a claim against Signature Performance Tiburon. You could receive $1,000 plus your reasonable attorney fees, so take action when a collection agency goes too far.
**Case taken from PACER (pacer.gov). File number is 8:15-cv-00241-LSC-FG3 from the United States District Court for the District of Nebraska.
*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 Signature Performance Tiburon or any other third-party collection agency, you may not be entitled to any compensation.