Debt collectors are known for being overbearing, but don’t let them harass you into paying a debt when you can barely make ends meet.
If they scream profanities at you, call you nonstop at work, and file frivolous lawsuits, they’ve broken federal law and you have grounds to sue.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, requires debt collectors to follow ethical guidelines when reaching out to you by letter or phone.
If you are subjected to the following types of mistreatment, it can result in penalties like fines and license revocation.
- Saying that they will file a lawsuit that day if you don’t pay
- Using profane and obscene language
- Failing to report your dispute to the credit bureaus
- Failing to identify itself a debt collector in all communications
- Failing to send a debt validation letter
- Calling you at all hours of the day and night
Company Profile: Diaz & Associates
If you are being called by Diaz & Associates, a summary of the company’s history and operation is below.
Diaz & Associates is a debt collection agency operating in Tustin, California.
The company was founded in 2006, has a small team of eight employees, and is managed by Victor Diaz.
It has a B rating at the Better Business Bureau.
An examination of legal files at the PACER website show that consumers who felt harassed by Diaz & Associates escalated the case to court.
Alleged Violations against Diaz & Associates*
According to information on the PACER website, in or around early 2009, Diaz & Associates started contacting a California consumer about a debt.
He complained that the callers did not always identify themselves as debt collectors and that one collector told his boss about the debt, adding that the consumer had a “moral obligation” to pay it.
The consumer also alleged that the president of Diaz & Associates called the owners of the company where he worked and said that 25% of his wages would be garnished if he did not pay the debt.
He told the agency to stop contacting his workplace, but the request was allegedly ignored.
Feeling harassed by Diaz & Associates, the consumer sued the company and its president for:
- Using harassing means to collect the debt
- Calling him at work despite requests to the contrary
- Not identifying itself as a debt collector every time
- Disclosing information about the debt to his boss
The case was later settled.
Hire a Consumer Lawyer
The phone numbers for Diaz & Associates are as follows:
If any of them show up on your caller ID at home or the office, it means that Diaz & Associates is on the line and may go to great lengths to make you pay the debt.
If they harass you at work and harm your professional credibility, hire a consumer lawyer and file a claim against Diaz & Associates.
You could potentially be awarded $1,000 per violation, so never let embarrassment make you tolerant mistreatment.
*Case taken from PACER (pacer.gov). File number is Case 2:09-cv-07049-GAF-AN from the United States District Court for the Central District of California.
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 Diaz & Associates or any other third-party collection agency, you may not be entitled to any compensation.