Indebted consumers are regularly subjected to threats, constant phone calls, and embarrassing public disclosures by debt collectors. In many instances these people declare bankruptcy to stop the abuse, unaware that the law protects them from such harassment.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects indebted consumers from third-party debt collectors who push people to the point of bankruptcy. It restricts what collection agencies can do to collect a debt and prohibits actions like the following:
- Swearing and calling names
- Claiming that you can be arrested, have your assets seized, or have your wages garnished if you do not pay
- Calling you at work if they know what such calls are not allowed
- Calling you several times a day
- Telling your friends, neighbors, and co-workers that you owe money
- Leaving voice messages that do not identify the collector and the purpose of their call
Company Profile: Silver & Associates
If you are being called by Silver & Associates information about the company is below:
Silver & Associates is a debt collection agency located in Chicago, Illinois. It was established in 2003, has 20 employees, and is managed by its President, Bonnie Silver. Civil litigation records on file at the PACER (Public Access to Court Electronic Records) website reveal that consumers who believed they were being harassed by Silver & Associates sued the company for infringing on their rights.
Alleged Violations against Silver & Associates
Keith Regisford, on behalf of himself individually and all others similarly situated vs. Rick Silver, d/b/a Silver & Associates*
According to PACER, on or about January 25, 2008, a debt purchaser known as National American Credit Corp. sent a collection letter to New York resident Keith Regisford in an attempt to collect an alleged debt.
Mr. Regisford disputed the debt through his attorney, but on or about December 29, 2008 and February 6, 2009, Silver & Associates, whom Mr. Regisford accused of being connected to National American Credit Corp., allegedly sent two collection letters directly to him. The February letter demanded $1,418.22 while the amount demanded in December 2008 was $1,395.35.
Feeling harassed by Silver & Associates, Mr. Regisford hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA in the following ways:
- Contacting him directly when he had legal counsel regarding the debt
- Using false, deceptive, and misleading means to collect a debt
- Using abusive and harassing methods to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency are as follows:
If you see any of these numbers on your caller ID when the phone rings, it means that you are being called by Silver & Associates. If they persist in contacting you directly when you have legal counsel regarding a debt, hire a consumer attorney.
If you file a claim against Silver & Associates with your attorney’s help and win, you could potentially be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages. The law is on your side when debt collectors cross the line, so never be too intimidated to fight back.
*Case taken from PACER (www.pacer.gov). File number is Case 1:09-cv-01059-JBW-RER 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 Silver & Associates, or any other third-party collection agency, you may not be entitled to any compensation.