Is Takhar Group calling you? Here's what you need to know.
People fall into debt for a number of reasons. Perhaps they lost their job due to company cutbacks or downsizing. Maybe they were injured through no fault of their own, or became too ill to work.
Whatever the cause, they can no longer pay their credit card bills, mortgages, or student loans, and once the arrears have accumulated to a certain point, debt collectors start calling.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, makes it illegal for debt collectors to employ underhanded or abusive tactics when collecting or attempting to collect a debt, but unfortunately the practices below are so common that stressed consumers rarely report them.
- Yelling and using profane or abusive language
- Telling someone they can be arrested or sent to prison for not paying their debts
- Calling people at all hours of the day and night
- Contacting a debtor’s friends and family to tell them that the person owes money
- Threatening to ruin a person’s credit for life
- Pretending to be law enforcement officials to scare people into paying
Consumers should also be aware that the FDCPA provides them with the right to demand verification of a debt, dispute it, and demand no further contact from the debt collector. If the collector refuses to cooperate, the next step is to see a consumer attorney.
One collection agency that has been accused of disregarding FDCPA mandates is Takhar Collections Services Ltd (Takhar Group), which is located in Cambridge, Ontario, Canada and has a US office in Niagara Falls, New York.
Alleged FDCPA Violations
It was established in 1983 and acquired by the FDR Group of Companies in April 2013. At present, the company employee count is under 250. Records kept by the PACER (Public Access to Court Electronic Records) website confirm that the Takhar Group has often been accused of violating the FDCPA while collecting or attempting to collect a debt.
Herman Roe v. Takhar Collection Services, Ltd.
In or around August 2010, debt collectors from Takhar Collections Services Ltd left a series of pre-recorded telephone messages for Georgia resident Herman Roe, requesting a return call. In at least one of the messages, the collector allegedly did not meaningfully disclose the identity of the company or that the communications were from a debt collector.
One message allegedly went so far as to state that they “require a response from you immediately,” or language to that effect, which created a false sense of urgency.
Mr. Roe hired an attorney and filed a complaint that accused Takhar Collections Services Ltd of violating the FDCPA in the following ways:
- Leaving voicemail messages that did not meaningfully disclose the caller’s identity (15 USC § 1692d(6))
- Using deceptive means to collect a debt (15 USC § 1692e)
- Failing to disclose in follow-up communications that the communication was from a debt collector (§1692f(1)).
A judge ordered that Takhar Collections Services Ltd pay Mr. Roe $3,653, representing $1,000 in damages and $2,653 in attorneys’ fees and costs.
If the numbers 1-800-620-0371 or 1-519-622-3130 appear on your caller ID, Takhar Group is calling about a debt you allegedly owe. If they leave messages that fail to identify them as debt collectors seeking a collect a debt, contact a consumer attorney.
The FDCPA requires all debt collectors to name the company they are calling from and the purpose of their call, and any agency that deviates could be ordered to pay you $1,000 per violation plus attorney's fees, court costs, and any actual damages that may apply. An experienced consumer attorney will help you make a collection agency pay for attempting to take advantage of you.
*Case taken from PACER (www.pacer.gov). File number is 1:11-cv-00002-CC from United States District Court, Northern District of Georgia, Atlanta Division
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 Takhar Collections Services, or any other third-party collection agency, you may not be entitled to any compensation.