When collection agencies are calling every day and demanding payment, it can be so stressful that you might consider bankruptcy. Before making an appointment with a trustee, however, see an attorney first, as you have the legal standing to fight back.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA to protect consumers from unfair debt collection practices. Today, tactics like those below are illegal and can incur serious consequences.
- Calling at all hours of the day and night
- Discussing the debt with uninvolved third parties
- Contacting you after you have sent a cease and desist letter
- Using profane or obscene language
- Making threats they cannot legally follow up on
- Calling you before 8:00 a.m. and after 9:00 p.m.
Company Profile: Waterfront Capital, LLC
If you are being called by Waterfront Capital, LLC, here are some additional details about the agency.
Waterfront Capital, LLC is a debt collection agency and debt buyer in Goffstown, New Hampshire. It opened for business in 2010, has fewer than five employees, and is managed by David Russell. Litigation records at the PACER website show that consumers who believed that they were being harassed by Waterfront Capital, LLC got legal advice and acted on it.
Alleged Violations against Waterfront Capital, LLC
According to PACER, on or around May 14, 2012, Waterfront Capital, LLC sent a collection letter to an Illinois consumer, demanding payment of a Credit One debt. Her attorney sent the company a cease and desist letter (the second one involved with this account).
Feeling harassed by Waterfront Capital, LLC, the consumer took legal action against the agency for:
- Trying to collect a debt she refused to pay
- Contacting her instead of her attorney
The matter was later settled.
Hire a Consumer Lawyer
The phone number for this debt collection agency is 1-603-685-3403. If it appears on your caller ID, Waterfront Capital, LLC is trying to reach you. If they keep communicating with you instead of your attorney, hire a consumer lawyer and file a claim against Waterfront Capital, LLC. You could be awarded $1,000 per FDCPA violation, which adds up. Collection agencies that ignore your rights can face significant penalties, so always be prepared to fight back.
- Has a Debt Collector Ignored an Attorney's Letter?
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*Case taken from PACER (pacer.gov). File number is Case: 1:12-cv-08986 from the United States District Court for the Northern District of Illinois, Eastern 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 Waterfront Capital, LLC or any other third-party collection agency, you may not be entitled to any compensation.