Is Solberg & Kennedy calling you? Here’s what you need to know.*
With financial obligations such as credit cards, mortgages and student loans being so prevalent nowadays, most of us carry some amount of personal debt.
The frightening reality is that all it can take is a lost job, serious illness or disabling injury to make your debt go from normal to overwhelming.
Eventually third-party debt collectors will start calling, and they can be ruthless when it comes to collecting money.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) requires debt collectors be ethical and professional when attempting to collect a debt from you.
Using pressure tactics like the following are illegal and can even result in a collection agency losing its license:
- Using the telephone to harass you (e.g calling every hour and hanging up when you answer)
- Cursing, calling you names, and making threats
- Telling your friends and family that you owe money in order to embarrass you into paying
- Demanding amounts inflated by ‘service fees’ and other suspicious charges
- Refusing to prove that a debt is valid and they are authorized to collect it
Company Profile: Solberg & Kennedy
Solberg & Kennedy is a collection agency located in Phoenix, Arizona. It was founded in 2003, has fewer than 10 employees and is managed by David Gross.
Records retained by the PACER (Public Access to Court Electronic Records) website confirm that Solberg & Kennedy has been accused of violating the FDCPA during certain attempts at debt collection.
Alleged Violations against Solberg & Kennedy
Mary Meyers vs. Solberg & Kennedy, LLC
On September 6, 2011, a Solberg & Kennedy collector who identified herself as Sharon Lee called Indiana resident Mary Meyers and left a message that due to Ms. Meyers’ “bad mouth” and “bad attitude” suit would be filed against her to collect an alleged debt to Culligan Water.
Ms. Meyers later alleged that Ms. Lee failed to identify herself, her employer, provide a return phone number, or explain what the substance of the call was about when leaving the message.
Ms. Lee allegedly left another message on September 16, 2011, indicating that “We had an altercation with your bad mouth,” that Ms. Meyers was refusing to allow Culligan Water to have its equipment which was “a violation of the law,” and that Ms. Meyers should contact her before “this escalates to legal”.
No lawsuit, however, was ever filed.
Ms. Meyers called Solberg & Kennedy and spoke with Ms. Lee. During the conversation, she indicated that she had never spoken with Ms. Lee before despite the latter’s assertions assertions that Ms. Meyers had previously been rude to her during previous phone conversations.
Ms. Meyers hired an attorney and sued Solberg & Kennedy for the following alleged FDCPA violations:
The matter was later dismissed.
Hire an Attorney
The phone number for Solberg & Kennedy is 1-602-952-2007. If it appears on your caller ID, a debt collector may be attempting to contact you.
If they fail to meaningfully disclose their identity or purpose, leave hostile voice messages, or threaten legal action that never transpires, hire a consumer attorney.
Such actions violate the FDCPA, and you could be awarded $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. Collecting debts is legal, but bullying indebted consumers is not.
*Case taken from PACER (www.pacer.gov). File number is 1:12-cv-00084-JMS-DKL from United States District Court, Southern District of Indiana
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 Solberg & Kennedy, or any other third-party collection agency, you may not be entitled to any compensation.