Although the headlines seem to suggest otherwise, debt collectors cannot threaten and manipulate you with impunity. You have rights under both state and federal law, but these collection agencies would prefer that you not know that.
Read on to learn more about consumer protection laws and how you can use them to make a collection agency back off.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) became law in 1978, after Congress decided that something had to be done about the collection agencies that were driving people to bankruptcy. Over 40 years later, it is still possible to sue a debt collector who uses the following methods to collect a debt.
- Calling you outside of the hours of 8:00 a.m. to 9:00 p.m. local time
- Misrepresenting the amount that you owe
- Using obscene language over the phone
- Not identifying themselves as debt collectors in all communications
- Calling you at work when your employer doesn’t allow personal calls
- Using shaming tactics such as calling you a deadbeat
Company Profile: Vance & Huffman, LLC
If you are being called by Vance & Huffman, LLC, we have posted more information about this collection agency below.
Vance & Huffman, LLC is a collection agency located in Smithfield, Virginia. It opened for business in 2014, has 20 people on staff, and is managed by its COO, Anthony Stile.
Legal files archived at the PACER website indicate that people who felt that they were being harassed by Vance & Huffman, LLC hired attorneys to help them refute the agency’s claims.
Alleged Violations against Vance & Huffman, LLC*
According to PACER, on or about March 7, 2017, Vance & Huffman, LLC called an Arizona consumer to collect a debt. The caller allegedly told her that if she agreed to a payment plan, the debt would be removed from her credit report.
When the consumer replied that she had recently seen her credit report, and the account did not appear, the caller allegedly stated that they would be placing it on her credit report if the debt was not paid, even though the debt was over seven years old and barred by statute.
Feeling harassed by Vance & Huffman, LLC, the consumer filed a lawsuit against the agency for allegedly violating her rights in the following ways.
- Trying to collect a time-barred debt
- Using false, deceptive, and misleading means to collect a debt
- Misrepresenting the legal status of the debt
- Using unfair and unconscionable means to collect a debt
- Using harassing and abusive means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for Vance & Huffman, LLC are:
Seeing them on your caller ID indicates that Vance & Huffman, LLC is calling, presumably to collect a debt from you. If they chase you to collect a debt that has passed the statute of limitations for collection, consult a consumer lawyer and file a claim against Vance & Huffman, LLC.
If you win your case, a judge could award you $1,000 in statutory damages in addition to your legal costs, so don’t be intimidated when the law is on your side.
*Case taken from PACER (www.pacer.gov). File number is Case 3:17-cv-08084-DLR from the United States District Court for the District of Arizona, Phoenix 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 Vance & Huffman, LLC or any other third-party collection agency, you may not be entitled to any compensation.