Are you being called By Williams & Williams?* Here's what you need to know
When you’re already having trouble making ends meet, demanding calls from debt collectors can make the situation even worse, particularly if they start threatening to garnish your wages and discuss your debt with your friends, neighbors, and coworkers. Although such actions are distressing, understanding your rights as a consumer is key to making them stop.
Your Rights Under the FDCPA
Prior to 1977, collection agencies were harassing so many people into declaring bankruptcy that that Congress passed the Fair Debt Collection Practices Act, or FDCPA. This consumer made it illegal for third-party debt collectors to use intimidation tactics like those below, and the same rules still apply today.
- Calling you several times per day, either personally or using an auto dialer
- Using profane and obscene language
- Talking to uninvolved third parties like your friends and co-workers that you owe money
- Calling you before 8:00 a.m. and after 9:00 p.m. in the your time zone
- Threatening legal action that they are not in a position to take or have no intention of taking
- Contacting you after you have sent a cease and desist letter (unless it is to advise you that legal action is commencing or collection activities have stopped)
Company Profile: Williams & Williams
Williams & Williams is a collection agency located in Atlanta, Georgia. It was founded in 1986, has less than 10 employees, and is managed by partner Richard Willoams. According to litigation records on file at the PACER (Public Access to Court Electronic Records) website, Williams & Williams has been sued for allegedly violating the FDCPA while collecting consumer debts.
Alleged Violations against Williams & Williams
Gregory K. Silver vs. W.W.C.C., Inc. d/b/a Williams & Williams
According to PACER, on December 3, 2014, Williams & Williams sent a collection letter to Indiana resident Paul Ney, who had recently filed for Chapter 7 bankruptcy. The letter allegedly included a portion of the required validation rights disclosure, but omitted the fact that Mr. Ney had to assert his right to request verification of the debt “in writing” for it to be effective.
Feeling harassed by Williams & Williams, Mr. Ney’s bankruptcy trustee, Gregory K. Silver, sued the company for allegedly violating the FDCPA by failing to provide him with a proper validation notice.
The matter was later dismissed.
Hire an Attorney
The phone numbers for Williams & Williams are:
If either of these numbers appear on your caller ID, it means that you are being called by Williams & Williams. If they demand payment for a debt that has already been included in a bankruptcy filing, hire a consumer attorney. If you decide to file a claim against Williams & Williams, you could potentially be awarded $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. A good attorney will help you protect your rights and make a debt collector pay for violating them.
*Case taken from PACER (www.pacer.gov). File number is Case 1:15-cv-01160-SEB-DKL from the United States District Court for the Southern District of Indiana, Indianapolis 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 Carter-Jones Collection Service, Inc., or any other third-party collection agency, you may not be entitled to any compensation.