Collection agencies inspire more complaints to the Federal Trade Commission than any other business. This is because so many of them use aggressive and even illegal methods to collect money from consumers. If you are harassed via phone and mail by unscrupulous debt collectors, you can make it stop.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, has been protecting indebted consumers since 1977. It gives you the right to dispute a debt and request no more contact from a collection agency, and outlaws the use of collection methods like those below.
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m
- Publicly posting details of a debt on social media and other public outlets
- Swearing, raising their voice, and making threats
- Telling you that you have broken the law and can go to jail
- Calling you at your workplace
- Demanding outrageous ‘fees’ in addition to the original debt
Company Profile: Trak America Enterprises
If you are being called by Trak America Enterprises, here are some additional company details.
Trak America Enterprises, which also does business as Data Search NY, Inc., is a debt collection agency in Bonita Springs, Florida. It was founded in 2006, has 100 employees, and is managed by its President, Vincent Iacono. Records on the PACER website indicate that consumers who believed that they were being harassed by Trak America Enterprises refused to be intimidated.
Alleged Violations against Trak America Enterprises*
According to information on the PACER website, on or around early 2005, Trak America Enterprises contacted a Nevada consumer to collect a debt when, according to the consumer, the company knew that he was represented by an attorney. He also claimed that the company left voice messages instructing him to call a 1-800 number but did not inform him that they were debt collectors.
Feeling harassed by Trak America Enterprises, the consumer sued the agency for:
- Contacting him directly although it knew he was represented by an attorney
- Failing to identify itself as a debt collector in all communications
The case was later settled.
Hire a Consumer Lawyer
The phone number for Trak America Enterprises is 1-855-400-3889. If you see it your caller ID when the phone rings, it means that Trak America Enterprises is calling you. If they call and send you demand letters directly although they have been advised that you have an attorney, hire a consumer lawyer and file a claim against Trak America Enterprises. You could be awarded $1,000 per FDCPA violation plus the legal costs of preparing and filing the claim. When debt collectors abuse your rights, an attorney can help you remind them of the consequences.
*Case taken from PACER (pacer.gov). File number is Case 3:05-cv-00518-LRH-RAM from the United States District Court for the District of Nevada.
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 Trak America Enterprises or any other third-party collection agency, you may not be entitled to any compensation.