When people fall behind on their monthly bills, it is not always due to financial irresponsibility. They could have lost their jobs, become too ill or sick to maintain full-time employment, or experienced a setback like emergency car repairs.
Unfortunately, the collection agencies assigned to collect their overdue accounts often bully and harass them for payment, conveniently ignoring the fact that indebted consumers have rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects indebted consumers from harassment and bullying by third-party collection agencies. This means that they are prohibited from using methods like the following to make you pay what they are demanding.
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
- Using profane or obscene language
- Discussing your debt with anyone except you, your spouse, or your attorney
- Pretending to be attorneys or police officers
- Claiming that you can be arrested, have your assets seized, or have your wages garnished if you do not pay
- Disguising the fact that they are debt collectors trying to collect a debt
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Company Profile: Wingspan Portfolio Advisors, LLC
If you are being called by Wingspan Portfolio Advisors, LLC, information about the company is below.
Wingspan Portfolio Advisors, LLC is a debt collection company located in Dallas, Texas, with branch offices in Florida, Colorado, Louisiana, and California. It was established in 2001, has over 1,000 employees, and is managed by its President, Steven Horne.
Litigation files archived at the PACER (Public Access to Court Electronic Records) website confirm consumers who felt they were being harassed by Wingspan Portfolio Advisors, LLC went so far as to file class action lawsuits over allegedly illegal debt collection practices.
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Alleged Violations against Wingspan Portfolio Advisors, LLC
Randolph Leidl individually and on behalf of all others similarly situated vs. Wingspan Portfolio Advisors, LLC et al**
According to PACER, Wingspan Portfolio Advisors, LLC allegedly left the following voicemail message for New York resident Randolph Leidl on May 28, 2010:
“Hi, this message is for Randolph, this is Robert at Wingspan Advisors. If you can please return my call, the number is toll-free 866-510-9464, extension 2140. Thank you.”
Mr. Leidl did not know that the caller was a debt collector seeking to collect a debt. Once he discovered the real reason for the message, he felt that he was deceived into returning a call he might otherwise have declined to answer.
Feeling harassed by Wingspan Portfolio Advisors, LLC, he hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Failing to identify itself as a debt collector in all communications
- Using false, deceptive, and misleading means to collect a debt
- Using harassing and oppressive means to collect a debt
The matter was later dismissed.
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Hire an Attorney
The phone numbers for this debt collection law office are:
If you see either one on your caller ID when the phone rings, it means that you are being called by Wingspan Portfolio Advisors, LLC. Should these calls result in a stream of voice messages that do not identify the company as a debt collector, hire a consumer attorney immediately.
This lack of transparency violates federal law, and if you file a claim against Wingspan Portfolio Advisors, LLC and win, you could receive $1,000 per FDCPA violation as well as associated costs. You won’t even have to pay the attorney unless you win your case.
When debt collectors go too far to get your money, it could pay to fight back.
*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 Wingspan Portfolio Advisors, LLC, or any other third-party collection agency, you may not be entitled to any compensation.
**Case taken from PACER (www.pacer.gov). File number is Case 2:10-cv-03597-ADS-ARL from the United States District Court for the Eastern District of New York.