Are you being called by Stuart Allan & Associates, Inc.?* Here's what you need to know.
According to the Consumer Financial Protection Bureau, there were nearly 7200 threats against collection agencies in December of last year. Common complaints included being harassed for debts they had already paid off or never even owed to begin with. If you find yourself dealing with such an agency, it’s time to learn more about your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from harassment by third-party debt collectors. It prohibits actions like the following, which can cause an agency to be fined and even lose its license.
- Swearing and calling you names
- Refusing or failing the validate the debt
- Calling at all hours of the day and night
- Maliciously reporting inaccurate information to the credit bureaus
- Trying to collect an amount that is not authorized by law or the original creditor agreement
- Pretending to be lawyers or members of law enforcement
Company Profile: Stuart Allan & Associates, Inc.
If you are being called by Stuart Allan & Associates, Inc., information about the company is below.
Stuart Allan & Associates, Inc., formerly known as Bonded Collections of Tucson, Inc., is a debt collection agency located in Tucson, Arizona. It was established in 1982, has approximately 185 employees, and is managed by its President, Jerry Lippman. The agency now does business under the name of Stuart-Lippman And Associates, Inc. A review of legal records archived at the PACER (Public Access to Court Electronic Records) website confirms that consumers who believed they were being harassed by Stuart Allan & Associates, Inc. sued the agency for violating their rights under the FDCPA.
Alleged Violations against Stuart Allan & Associates, Inc.
Georgine M. Carr vs. Stuart Allan & Associates, Inc.*
According to PACER, in December 2012 Stuart Allan & Associates, Inc. allegedly called a Florida consumer at least twice, demanding payment of an insurance related debt. When she asked for validation of the debt, the caller allegedly told her that if she insisted on receiving such information, she would be legally responsible for both the debt and attorney fees.
On February 15, 2013, Stuart Allan & Associates, Inc. allegedly sent the consumer a letter advising that they had advised their client to sue her and that a judgment lien could be placed on her house.
Feeling harassed by Stuart Allan & Associates, Inc., she hired a consumer attorney and sued the company for allegedly violating the FDCPA by:
- Failing to send a debt validation letter
- Threatening actions it could not legally take
- Using harassing and abusive means to collect a debt
- Using false, deceptive and misleading means to collect a debt
- Using unfair and unconscionable means 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 either one on your phone when it rings, be aware that you are being called by Stuart Allan & Associates, Inc.. If they threaten unfounded legal action to pressure you into paying, hire a consumer attorney immediately. If you decide to file a claim against Stuart Allan & Associates, Inc., you could win $1,000 per FDCPA violation plus any associated damages and costs, so never let shame over owing a debt make you back down.
*Case taken from PACER (www.pacer.gov). File number is Case 8:13-cv-01889-JSM-MAP from the United States District Court for the Middle District of Florida.
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 Stuart Allan & Associates, Inc.., or any other third-party collection agency, you may not be entitled to any compensation.