Sometimes it seems as if the bills will never stop rolling in. It’s difficult enough to watch so much of our income go towards debt, but when company layoffs or illness result in unforeseen job loss, the situation can skyrocket out of control. If we can’t make minimum payments on each obligation, sooner or later debt collectors will start calling.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in September 1977 after hundreds of consumers opted to go bankrupt rather than deal with overzealous debt collectors any longer.
The law granted people the right to dispute a debt, demand its validation, and tell third-party debt collectors to stop contacting them. It also made the following activities illegal when committed while collecting or attempting to collect a debt such as:
- Using profane or obscene language
- Pretending to be police officers or federal agents to frighten debtors into paying
- Discussing the debt with anyone except the consumer, their spouse, their attorney, and / or any co-signers
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Discussing the debt with your family, friends, and co-workers
- Calling you at work if they know that your employer does not permit such calls
Company Profile: P. Scott Lowery, PC
If you are being called by P. Scott Lowery, PC, information about the company is below.
P. Scott Lowery, PC is a debt collection law office located in Denver, Colorado. It was established in 1999, has approximately 60 employees, and is managed by its President, P. Scott Lowery. Records retained by the PACER (Public Access to Court Electronic Records) website indicate that consumers who believed they were being harassed by P. Scott Lowery, PC confronted the firm in court.
Alleged Violations against P. Scott Lowery, PC
According to PACER, collection agency CACH, LLC purchased a portfolio of credit card accounts from Citibank South Dakota, N.A. and sent them to P. Scott Lowery, PC for collection. One of these accounts belonged to a Pennsylvania resident, who received a collection letter.
He called the firm and spoke to a collection named Sylvania who agreed that monthly payments would be made. The initial payment would be $500, and subsequent payments would be $150. Sylvania would revisit the agreement in September 2012.
In September 2012, Sylvania started calling the couple at home and Gary Stumme at work. She allegedly said to the consumer’s wife, “The client said you are out of time to make payments” and went on to say payment in the amount of $3,000 had to be made and they would consider the account paid in full.
She told Sylvania they couldn’t come up with $3,000. She later spoke to another collector who was supposedly Sylvania’s supervisor. This collector allegedly told her, “We are going to have to take this to the next level.” When asked what the next level was, she was told, “You don’t want to incur legal fees.”
In a call with the consumer, Sylvania allegedly said, “You have to have money if your wife runs a daycare.” She also allegedly phoned his brother Daniel, leaving her name and number in an attempt to collect the debt, and spoke to his colleagues at work.
Feeling harassed by P. Scott Lowery, PC, the couple hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using abusive language
- Discussing the debt with
- Unfair and unconscionable means to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone numbers for this collection agency are:
If either of these numbers appear on your caller ID, it means that you are being called by P. Scott Lowery, PC. If they use bullying language and threaten lawsuits that never come to pass, hire a consumer attorney. Consumer bullying violates the FDCPA.
If you file a claim against P. Scott Lowery, PC with your attorney’s assistance and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. Even though collecting debts is legal, it must in done in accordance with the law, and agencies that fail to do so face consequences.
*Case taken from PACER (www.pacer.gov). File number is Case 2:13-cv-00013-AJS from the United States District Court for the Western District of Pennsylvania.
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 P. Scott Lowery, PC, or any other third-party collection agency, you may not be entitled to any compensation.