Harrasment Violates Your Rights
Owing more money than you can expect to pay back is a stressful situation that intensifies if debt collectors start calling and demanding that you commit to payment plans you know you can’t afford.
You tell them to stop calling, and they don’t. Is there any way to stop the harassment short of declaring personal bankruptcy?
There is, and it is called the FDCPA.
Your Rights Under the FDCPA
Many indebted consumers are surprised to learn that if a debt collector swears at them, calls them at the crack of dawn, or shares details of their debt with other people, that collector is breaking the law.
The Fair Debt Collection Practices Act, or FDCPA, prohibits third-party collection agencies from using abusive or deceptive methods to coerce debt payments out of people. For example:
- Using profane and obscene language
- Contacting you at an inconvenient or unusual time and place,
- Threatening to tell everyone you know that you owe money
- Continuing to contact you daily after you dispute the debt
- Refusal to provide you with information about the debt
- Threatening legal action they are not able to take or have no intention of taking
Company Profile: Tice Associates Inc
Tice Associates Inc is a collection agency headquartered in Kenmore, New York. It was established in 1983, has a staff of 10 to19 employees, and is managed by its owner, John Allen.
Civil litigation court files at the PACER (Public Access to Court Electronic Records) website indicate that Tice Associates Inc has been accused of debt collection practices that violate the FDCPA.
Alleged Violations by Tice Associates Inc
Bruce McFadden vs. Tice Associates Inc et al
In June 2015 New York resident Bruce McFadden received a collection letter from Tice Associates Inc regarding a debt he had allegedly defaulted on. The letter, which was signed by a representative named Joseph Miori, demanded $7,001.79.
On June 8, 2015, Mr. McFadden sent a return letter disputing the debt and confirming that he refused to pay it. According to the U.S. postal service return receipt, Tice Associates Inc received the letter on June 13, 2015.
Nonetheless, Mr. McFadden received another letter in July, also signed by Joseph Miori. This one stated that Tice Associates Inc intended to collect the money by any means necessary and ordered him to call them to discuss.
Mr. McFadden filed a lawsuit against the agency on July 27, but Tice Associates Inc allegedly sent another collection letter on August 20, despite the fact that Mr. McFadden was now represented by counsel.
The lawsuit accused Tice Associates Inc of the following alleged FDCPA violations:
- Sending more demand letters after he disputed the debt
- Stating in multiple letters that Tice intended to pursue payment using any means necessary and demanding that he call them at once
- Continuing to demand payment of the debt after he refused to pay
- Communicating with him while knowing that he was represented by an attorney with respect to the debt
The matter was later dismissed.
Hire an Attorney
The phone numbers for Tice Associates Inc are:
If either of these numbers appears on your caller ID, a debt collector from the agency may be attempting to reach you. If they keep contacting you after you’ve disputed the debt, refused to pay it, and hired a consumer attorney, you may have grounds to sue them.
If a judge decides in your favor, they could be ordered to pay you $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. When debt collectors break the law, they could end up going into debt themselves.
*Case taken from PACER (www.pacer.gov). File number is 1:15-cv-00681-JTC from United States District Court, 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 Tice Associates Inc, or any other third-party collection agency, you may not be entitled to any compensation.