Are You Being Called By Spears, Dewitt & Hall?

Are You Being Called By Spears, Dewitt & Hall?* Here’s What You Need to Know

The collections industry is not known for its social niceties. Debt collectors are the the subject of constant complaints to the Federal Trade Commission, second only to instances of identity theft. The FTC even has a list of collection agencies that have exhibited such outrageous behavior that they have been banned altogether. If you find yourself dealing with such a company, it is important to read up on your rights so you know how to respond.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that prohibits actions like the following when used to collect or attempt to collect a consumer debt:

• Using profane or obscene language
• Making threats they cannot legally follow up on, such as sending you to jail or seizing your assets
• Calling you repeatedly and leaving messages that do not identify them as debt collectors
• Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
• Calling you at work after you’ve told them that your employer won’t let you take such calls
• Claiming to be an attorney or a law enforcement official

Company Profile: Spears, Dewitt & Hall

If you are being called by Spears, Dewitt & Hall, information about the company is below.

Spears, Dewitt & Hall is a debt collection office located in San Antonio, Texas. It was established in 2002, has approximately 15 employees, and is managed by its President, Arvin D. Spears. A review of consumer complaint boards suggests that they have been the subject of frequent complaints, and litigation files retained by the PACER (Public Access to Court Electronic Records) website suggest that many consumers who believed they were being harassed by Spears, Dewitt & Hall hired attorneys stood up for themselves in court.

Alleged Violations against Spears, Dewitt & Hall

According to PACER, starting in October 2012 through December 2012, Spears, Dewitt & Hall allegedly began placing continuous harassing collection calls to a Texas resident. In early October 2012, he spoke with a collector who identified himself as “Brian Campbell”. When the plaintiff explained that he was unemployed and unable to pay, the plaintiff allegedly asked for the account information of his family and friends so that they could pay the debt for him. The following day, another collector allegedly stated, “So basically, Mr. Hankins, you’re saying that we will just have to do what we need to do to collect this debt.”

Feeling harassed by Spears, Dewitt & Hall, the plaintiff hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:

• Using harassing and abusive means to collect a debt
• Harassing him by phone
• Using false, deceptive and misleading means to collect a debt
• Threatening legal action which could not be taken
• Using unfair and unconscionable means to collect a debt

The matter was later dismissed.

Hire an Attorney

The phone numbers for this debt collection company are as follows:

• 1-877-404-9551
• 1-210-892-2221

If you see either number on your caller ID, it means that you are being called by Spears, Dewitt & Hall. If they use insulting and intimidating language when discussing the debt with you, hire a consumer attorney immediately. Should you opt to file a claim against Spears, Dewitt & Hall and the outcome is in your favor, you could potentially receive $1,000 per FDCPA violation in addition to court costs and attorney fees. If a debt collector tries to intimidate you, they could end up in debt to you instead.

*Case taken from PACER (www.pacer.gov). File number is Case 4:13-cv-00581-RC-AM from the United States District Court for the Eastern District of Texas.

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 Spears, Dewitt & Hall, or any other third-party collection agency, you may not be entitled to any compensation.