Your Rights Under the FDCPA
A consumer protection law called the Fair Debt Collection Practices Act, or FDCPA, gives you the right to dispute a debt and tell the collection agency to stop contacting you. You are also protected from abusive collection practices like the following:
- Threatening legal actions it had no intention of taking
- Harassing you by phone (calling and hanging up)
- Posing as police officers to scare you into paying
- Shouting at you over the phone
- Calling anyone except you, your spouse, or attorney about the debt
- Saying that they will file a lawsuit that day if you don’t pay
Company Profile: Uptain Group, Inc.
If you are being called by Uptain Group, Inc., more information about this company is below.
Uptain Group, Inc. is a debt collection agency located in Huntsville, Alabama. It opened for business in 1993, has 150 employees, and is managed by its President, Joseph Uptain. According to the company website, it is exclusively dedicated to medical debt collection.
Legal records at PACER ebsite show consumers who felt Uptain Group, Inc. were harassing them filed claims demanding compensation.
Alleged Violations that Uptain Group, Inc. Has Been Accused Of
According to PACER, on or around December 31, 2014, Uptain Group, Inc. called a Georgia consumer to collect a debt. She claimed that the call was made using an autodialer that left scripted messages. When she answered, she told the collectors to stop calling her cell phone.
The consumer was also irritated because she had sued another collection agency over the same debt, which should have put Uptain Group, Inc. on notice that she had legal representation.
Feeling harassed by Uptain Group, Inc., the consumer engaged the services of a consumer lawyer and sued the agency for:
- Harassing her by phone
- Using an autodialer to call her
- Calling her directly instead of her attorney
The matter was later settled.
Work with an Attorney
The phone numbers for Uptain Group, Inc. are:
If one of those numbers show up when the phone rings, it means that Uptain Group, Inc. is trying to contact you. If they keep calling your cell phone after being asked to stop, your next step should be to hire a consumer lawyer and file a claim against Uptain Group, Inc.
If you win in court, the company could be ordered to pay you $1,000 in statutory damages and cover your legal expenses, so never be too intimidated to fight back.
Case taken from PACER (pacer.gov). File number is Case 2:15-cv-00165-LGW-RSB from the United States District Court for the Southern District of Georgia, Brunswick 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 Uptain Group, Inc., or any other third-party collection agency, you may not be entitled to any compensation.