Every year, complaints flood in about collection agency misconduct. Collectors harass consumers to get payment, sometimes forcing their targets to file for bankruptcy. If this happens to you, be aware that you have rights and don’t have to tolerate mistreatment.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, regulates what debt collectors can say or do while attempting to collect a debt. Pressure tactics like those below are illegal.
- Calling before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Talking to anyone except the consumer, their spouse, or their attorney about the debt
- Failing or refusing to identify themselves as debt collectors in every communication
- Using profane or obscene language
- Threatening to garnish your wages or send you to jail if you don’t pay
- Failing to report to the credit bureaus that a debt is in dispute
Company Profile: Trauner, Cohen & Thomas
If you are being called by Trauner, Cohen & Thomas, a company overview is below.
Trauner, Cohen & Thomas is a debt collection law office in Atlanta, Georgia. It was established in 2003, has 18 employees, and is managed by Russell Thomas. The PACER website holds archived records indicating that people who believed that they were being harassed by Trauner, Cohen & Thomas took their case to court.
Alleged Violations against Trauner, Cohen & Thomas*
According to information on the PACER website, in or around April 2005, Trauner, Cohen & Thomas sent a collection letter to a Nebraska consumer regarding a credit card account. She claimed that she was already making installment payments to this agency, but the letter insisted that she was delinquent.
Feeling harassed by Trauner, Cohen & Thomas, the consumer sued the firm for:
- Using misleading means to collect a debt
- Misrepresenting the amount of the debt
- Trying to collect an amount that is not legally owed
A judge awarded the consumer $2,000 plus her legal costs.
Hire a Consumer Lawyer
The phone number for Trauner, Cohen & Thomas is 1-404-233-1900. Its presence on your caller ID means that Trauner, Cohen & Thomas is on the line. If they misrepresent the amount you owe and demand immediate payment, hire a consumer lawyer and file a claim against Trauner, Cohen & Thomas. You could win $1,000 per FDCPA violation plus legal expenses. Never let a debt collector push you into paying what you don’t owe. Not when you have alternatives under the law.
*Case taken from PACER (pacer.gov). File number is 8:05-cv-00203-RGK-DLP from the United States District Court for the District of Nebraska.
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 Trauner, Cohen & Thomas or any other third-party collection agency, you may not be entitled to any compensation.