Unethical debt collectors might use threats and deception to get consumers to pay them, banking on the probability that you are not familiar enough with your rights to challenge them. If this is happening to you, don’t let them get away with such actions. The law is on your side.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA regulates what debt collectors can say or do during collection attempts. If the collector you’re dealing with uses methods like those below, they are breaking the law.
- Calling you before 8:00 a.m. and after 9:00 p.m.
- Discussing the debt with your family (with the possible exception of your spouse), friends, and co-workers
- Calling you at work after you tell them that you can’t take personal calls there
- Swearing, raising their voice, and making threats
- Leaving voice messages that do not identify the collector and the reason for their call
- Telling you that you have broken the law and can go to jail
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Company Profile: Weber & Olcese
If you are being called by Weber & Olcese, information about the firm is below.
Weber & Olcese is a debt collection firm located in Troy, Michigan. It was established in 1996, has 20 to 49 employees, and is managed by its owner, Jeffrey Weber. The firm is also a member of the National Association of Retail Collection Attorneys and the American Collection Association. Records archived at the PACER (Public Access to Court Electronic Records) website confirm that several consumers who believed they were being harassed by Weber & Olcese responded by fighting back in court.
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Alleged Violations against Weber & Olcese
Daniel Smith vs. Weber & Olcese*
According to PACER, in early 2012 Weber & Olcese was assigned to collect a consumer debt that Michigan resident Daniel Smith owed to HSBC. In either March or April, the company allegedly started calling a number belonging to Mr. Smith’s father and continued to call, even after Daniel moved out in April. On or about July 11, 2012, Mr. Smith sent Weber & Olcese a letter directing it to cease and desist from having further contact with him, but the company allegedly called Mr. Smith’s father again and left a message stating that they were calling regarding a debt that Daniel owed.
Feeling harassed by Weber & Olcese, Mr. Smith hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Discussing his debt with uninvolved third parties
- Using harassing, oppressive, or abusive means to collect a debt
- Using false, deceptive and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later settled.
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Hire an FDCPA Attorney
The phone numbers for Weber & Olcese are:
If either of these numbers appear on your caller ID when the phone rings, it means that you are being called by Weber & Olcese. If they call third parties about your debt and refuse to desist, hire a consumer attorney. If you file a claim against Weber & Olcese with your attorney’s help and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. If you are being harassed illegally, fighting back can pay off.
*Case taken from PACER (www.pacer.gov). File number is Case 2:12-cv-13489-AJT-DRG from the United States District Court for the Eastern District of Michigan, Southern 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 Weber & Olcese, or any other third-party collection agency, you may not be entitled to any compensation.