When debt collectors call, your stress levels can skyrocket. You worry that if the collector doesn’t agree to an affordable payment plan (and so far they haven’t!), your wages could be garnished and your credit ruined for years.
When the collector threatens you with equally dire consequences like arrest, you wonder if personal bankruptcy might be the best option. But before you go see a trustee, see a consumer attorney.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA, to protect consumers from abusive debt collectors. The FDCPA grants you the right to dispute a debt and tell the collection agency to stop calling you. It also penalizes debt collectors who use tactics like the following:
- Failing to identify themselves during each communication as a debt collector seeking to collect a debt
- Using the phone to harass you by calling nonstop or calling and hanging up when you answer
- Telling your friends, neighbors, and co-workers that you owe a debt
- Failing or refusing to state in each communication that they are debt collectors trying to collect a debt
- Using obscene, profane, and threatening language
- Pretending to be police officers, government officials, or any other law enforcement figure
Company Profile: Total Customer Service, Inc.
If you are being called by Total Customer Service, Inc., information about the company is below:
Total Customer Service, Inc. is a debt collection agency located in Burnsville, Minnesota. It was established in 2010, has less than 10 employees, and is managed by its CEO, David J. Moulder. Records archived at the PACER (Public Access to Court Electronic Records) website confirm that consumers who believed they were being harassed by Total Customer Service, Inc. filed lawsuits to reclaim their violated rights.
Alleged Violations against Total Customer Service, Inc.
Hellen Jozwiak vs. Total Customer Service, Inc. et al*
According to PACER, in or around October 2012, Total Customer Service, Inc. began contacting Texas resident Hellen Jozwiak in an attempt to collect a debt. She later complained that the company called her at home on a daily basis and did not stop even after she said she could not afford to pay the debt and to stop calling. During one such conversation, a collector allegedly told her to “grow up so we can have an adult conversation."
Feeling harassed by Total Customer Service, Inc., Ms. Jozwiak hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using abusive language
- Using harassing and oppressive means to collect a debt
The matter was later settled.
Hire an Attorney
The phone numbers for this collection agency are:
If either of these numbers appear on your caller ID when the phone rings, be aware that you are being called by Total Customer Service, Inc. If they call you constantly despite being told to stop and use demeaning language to belittle you, hire a consumer attorney.
If you file a claim against Total Customer Service, Inc. and win, you could potentially be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages. The FDCPA grants you rights and protections that you should never hesitate to use.
*Case taken from PACER (www.pacer.gov). File number is Case 2:12-cv-00364 from the United States District Court for the Southern District of Texas, Corpus Christi 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 Total Customer Service, Inc., or any other third-party collection agency, you may not be entitled to any compensation.