Is a collection agency calling you every day regarding an unpaid credit card account or medical bill? Do they continue even after you insist that you cannot pay the bill and tell them to stop? If a debt collector won’t listen to you and even abuses you, call a consumer lawyer who can advise you on how to take legal action.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment by collection agencies. Most states have their own laws too. Actions like the following are illegal when used to collect a debt.
- Ignoring a written cease communications request
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Calling you at work if you’ve already told them that such calls are not permitted by your employer
- Refusing to send you a debt validation letter
- Threatening wage garnishment and foreclosure when they have not received a judgment against you
- Not reporting a debt as disputed to the credit bureaus.
Company Profile: West Coast Servicing, Inc.
If you are being called by West Coast Servicing, Inc., here is some more information about the agency and its operations.
West Coast Servicing, Inc., which also does business as West Coast Realty Servicing, is a collection agency located in Huntington Beach, California. It was established in 2002, has a small workforce of fewer than 10 employees, and is managed by Steven Kraemer.
Inspecting legal records at the PACER website indicates that consumers who felt they were being harassed by West Coast Servicing, Inc. challenged the agency before taking it to court.
Alleged Violations against West Coast Servicing, Inc.*
According to PACER, in 2010, West Coast Servicing, Inc. engaged a law firm to send foreclosure notices to a Tennesee consumer and her deceased husband. These notices concerned a debt that had been discharged in 2002 by a Chapter 7 bankruptcy.
The consumer’s attorney disputed the debt and requested verification. In response, West Coast Servicing, Inc. did not proceed with a foreclosure and the correspondence from their foreclosure counsel ceased. Not long afterward, however, the agency allegedly contacted the consumer and tried to collect from her directly.
Feeling harassed by West Coast Servicing, Inc., the consumer sued the company for allegedly violating her rights by:
- Using unfair and unconscionable means to collect a debt
- Contacting her directly although she had counsel
- Using false, deceptive, and misleading means to collect a debt
- Carrying on collection efforts without validating the debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone number for West Coast Servicing, Inc. is 1-714-596-6333. If you see it on your caller ID, West Coast Servicing, Inc. is on the line. If they take legal action to collect a debt discharged in bankruptcy, hire a consumer lawyer who will represent you as you file a claim against West Coast Servicing, Inc.
You could receive $1000 per FDCPA violation in addition to your legal fees and costs, so a debt collector who is careless with your rights could end up owing you money.
Case taken from PACER (pacer.gov). File number is Case 1:14-cv-00141 from the United States District Court for the Middle District of Tennessee, Columbia 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 West Coast Servicing, Inc. or any other third-party collection agency, you may not be entitled to any compensation.