Is Sky Recovery Services calling you? Here’s what you need to know.
If you run into financial trouble and have difficulty paying your debts, you may eventually default on one or all of your accounts: credit cards, utility bills, medical debt, and more. If that happens, they are likely to be sent to a debt collector to recover. This can make a stressful situation even worse, especially if the collector is not civil, but it is important to remember that no matter how much you owe, you still have rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission, limits what third-party debt collectors can say or do while dealing with indebted consumers. Actions like those below are punishable by fines and even license revocation.
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Using profane and obscene language
- Contacting someone at work after being informed that the employer does not permit such calls
- Discussing the debt with anyone but the consumer, their spouse, their attorney, and any debt co-signers
- Threatening someone with arrest or imprisonment
- Reporting false information to the credit bureaus
Company Profile: Sky Recovery Services
Sky Recovery Services is a collection agency located in Houston, Texas. It was established in 1998, has less than 10 employees, and is managed by Mark Swearingen. According to the company website, Sky Recovery Services is a member of the American Collectors Association and specializes in collecting apartment debt. Records retained by the PACER (Public Access to Court Electronic Records) website include lawsuits filed against the company for allegedly disregarding consumer rights while attempting to collect.
Alleged Violations against Sky Recovery Services
James A. Sutton III vs. Sky Recovery Services, Ltd.
According to PACER, in June 2011 New York resident James A. Sutton III started receiving calls from Sky Recovery Services. Some of those that went to voicemail appear below:
June 16, 2011 at 11:39 AM
James Sutton, my name is Mr. Allen. It’s important that you reach my office here today before 6 p.m. and that is Central Standard Time as well. Again my name is Mr. Allen and my number is (281) 679-9000. We do need to hear from you before 6. The reference number you’re gonna need: 278840. Like I said I, need to hear from you by 6 p.m. today because we do have to make our final decision.
June 27, 2011 at 2:32 PM
Mr. Sutton, this is Mr. Allen here speaking. I’ve left you several messages. I don’t understand why you’re not returning my phone calls, this is for your benefit. But we do have to make a decision today by 6 p.m. Again my name is Mr. Allen and my number is (281) 679-9000. I am at extension 101 and the reference number you’re gonna need is 278840.
August 25, 2011 at 1:49 PM
Yes good afternoon Mr. James Sutton. My name is Lena. I do need to speak with you in regards to reference number 278840. Please return the phone call to my office at (281) 679-9000 extension 105. I will be here in my office until 6 p.m. Thank you.
Mr. Sutton hired a consumer attorney and sued Sky Recovery Services for the following alleged FDCPA violations:
- Failing to identify the caller as a debt collector in all messages
- Leaving voice messages without making meaningful disclosure of the caller’s identity
The matter was later dismissed.
Hire an FDCPA Attorney
The phone numbers for Sky Recovery Services are 1-281-679-6300 and 1-281-679-9000. If either number appears on your caller ID, a debt collector is calling. If they leave messages that obscure their identity and the reason for contacting you, hire a consumer attorney.
This lack of transparency is illegal under the FDCPA, and Sky Recovery Services could be ordered to pay you $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. When a debt collector breaks the law, consumers have the right to seek compensation accordingly.
*Case taken from PACER (www.pacer.gov). File number is1:12-cv-00728-RJA 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 Sky Recovery Services, or any other third-party collection agency, you may not be entitled to any compensation.