866-667-3342
866 area code:
Toll-free
Read comments below about 8666673342. Report unwanted calls to help identify who is using this phone number.
- Combat| 3 repliesGot a call today from whoever this is, with no message. But when I called back, I could not understand who it was or what they want.....
- CombatGot a call today from whoever this is, with no message. But when I called back, I could not understand who it was or what they want.....
- collection agencyit's a student loan collects
- JBI think this is some type of collection agency, could be collecting for the gunthy ranker corporation, based in the US.
A) when rep answered the phone she said: "Hello, ARROW, may I help you" - JBI think this is some type of collection agency, could be collecting for the gunthy ranker corporation, based in the US.
A) when rep answered the phone she said: "Hello, ARROW, may I help you" - mebroke145This is defintely a colection agency for student loans.
Stop bugging me you have been seizing my income tax for the last 5 years.- Caller: Arrow
- canuckthey call themself "Arrow". they have left 2 recorded messages on my voice mail to call them but do not ask for any particular person. I am Canadian, not American, therefore do not think this sounds legit. are they just randomly trying phone #'s, hoping someone will hand over $$$?
also, have already paid my student loans off. - zzzsquiI called them back and they told me thy were looking for someone else - they gave me the name- I asked why they were calling and he wouldn`t give me any info. I told him to take my number off the list and he hung up on me. I called again and spoke to the receptionist. She told me after I asked that they were a thrid party collection agency. I said i wanted my number taken off the lsit. She forwarded me to the same person that I spoke to the first time. when I told him I had already spoken to him he got mad and asked ME! why I kept calling (they had called me twice and left obscure messages!)he then told me he took my number off the list. He reacted with anger to me because I indicated i did not like them calling. this is a sure sign they are up to no good (guilt)!
- Caller: Arrow
- creativenosame thing happened to us... this is the 2nd time they have called looking for my brother in law. Yes it is a collection agency based out of Ontario (Hamilton) and they will not give out any information (because of FOIP). We have asked them to take our name & # off the list, (this was on our 2nd call back) & he said that there is a note on file saying not to call our #. Funny, we went through this same thing earlier last year & with 3 calls to request our # be removed, but this time it is a different company... and they were very rude about it too!! (ain't family grand!!)
- Caller: Arrow Corporation
- Call type: Debt collector
- annoyed| 1 replyYes they are collections for Canada student loans. They call 5-10 times everyday! I spoke to then once because I do owe money and the guy was telling me i will go to jail if i don't pay it. I was told they can not threaten people like this....
I just won't answer my phone now! they said they would take my gst because i just had a baby and I am a stay at home mom and i say GO FOR IT it is my only source of income right now. They didn't though and so they keep calling and calling.- Call type: Debt collector
- damn mad replies to annoyedthese jerks just started calling here for money recently that my husband owes. they are extremely rude and will not stop calling it is a measely $748.00. this loan is over ten years old and was diligently being paid in lump ums of $1500- $2000 every year. now that it is nearly finished we are being harrassed by some stupid woman who will not give us the proper information for this so called debt and refuses to send any paper work. of course all the typical threats come along with this but it seems that there are remedies and that these people have to follow laws. they cannot constantly call you they have to limit their calls to once per week and only between certain hours. they can not threaten you and they have to supply yopu with paperwork. try www,canadastudentloan.ca for help with these idiots. they will handle everythingfor you for a small fee and will mke the calls and threats stop
- carkMany messages left on answering machine in last few years. I called, and a vague claim about owing money to the government. I sent a registered letter to the company's headquarters in Montreal, explaining that I was not aware of my owing money to anyone, and requesting detailed information including copies of all original documents, and directing them never to call again, but to instead sent all communication in writing. No document or explanation was ever sent. Recently calls have started again. Like some other posters, all my student loans have long since been completely paid off, and I kept all records going back (gasp!) to the mid-1980's (double gasp!!). I cannot help but wonder if some government employee has siphoned money out of the student loan system, and then shifted the debt to students who have borrowed money. It is difficult to imagine that the government records can be so inaccurate. But hey, suppose the driver's license people somehow decide that you are dead. Just imagine trying to prove that you are alive in order to renew your driver's license. Or it could be a scam... maybe unsuspecting people send these Arrow folks money... or maybe they get worn down by the harrassment.
- Caller: ?Arrow?
- BeanaThis is a collection agency and they are as annoying as can be. They call every day and leave messages to call back. They are claiming that my husband owes for unpaid parking tickets from 15-17 years ago. It is completely insane. He told them to send proof that he didn’t pay them. We are still waiting for the proof. Who the heck holds paid or unpaid parking tickets or receipts for the last 15 years. There is no way in hell that we are paying this without any proof. They can keep calling everyday like they do. Before anyone decides to pay this collection agency ensure that they are willing to send you proof…..You never do know where they are really calling from.
- Caller: ADC I think
- Call type: Debt collector
- shameonthem| 1 replyGot a call from these idiots today. The phone number on our call display reads as "19999999999". The message was from "ARO Inc." and they left no name nor did they ask for any specific person in their message. The woman said it was "imperative" that somebody call back and talk to HER specifically, but again, no name was left. Just the phone number of 1-866-667-3342. Needless to say, nobody at my number will be returning this call. My recommendation to all of you, no matter whether you owe money or not, is NEVER return a call from a collection agency. If you do owe the money, wait until you get something in writing. In our case, they are probably looking for someone who previously had our number, but a very long time ago my fiancee skipped out on some bills leaving me holding the bag and eventually I was contacted by these scum-suckers. I thought it would be in my best interests to try to work out a pay-back plan with them, only to have them call me every day asking for more money, threaten me with all kinds of things and start calling my BOSS at work. Eventually I was fired because of these threatening calls and I almost had a breakdown over the abuse. A good friend stepped in and paid the scum of the earth the outstanding money - it was only about $300 by then but I was now out of work - and they STILL called me for about 4 months. When I got back on my feet I had a lawyer contact them (for a fee) and magically the calls stopped.
So again, I strongly recommend that you NEVER deal with collection agencies. Deal directly with whomever you owe money to, or get a debt counselling agency involved and let them deal with the filthy scum who work for these lowlifes.
But that's just one person's opinion. ;)- Caller: ARO Inc.
- Martin OuelletteAro incororated!!!!!!!!
Stop calling me!!- Caller: ARO Incorporated
- WanderingPenguin replies to shameonthemYou are absolutely correct. I was left holding the bag by an ex-fiancee when I was 22 and tried to work out a plan... with almost exactly the same results. I was on anti-depressants for nearly 2 years over the stress these animals caused me. They called for a year after it was totally paid off. I would dearly love to meet just ONE person who does this for a "LIVING". I would really enjoy the payback. :)
So to stress what has already been said: NEVER EVER EVER call back a Collection Agency. NEVER. If you owe money, pay it back to the people to whom you owe it. Do NOT return their calls or pick up the phone or have ANY contact with them. They are pure slime. - vw"Fax auth to this number."
Done..
"Oppps. Sorry. I meant this number."
Done.
"Nope, you need to fill out OUR auth form."
Done.
"You used the wrong file number. It's your SIN we want."
Done.
"No. You have to resend, but this time put the letters 'YY' after your SIN."
GO TO HELL!- Caller: ARO
- Call type: Debt collector
- LAMET replies to Combat| 1 replyCOLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
FROM www.budhibbs.com
A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers.
THEY ALSO EXPOSE THE WORST FDCPA VIOLATORS IN THE COUNTRY - this is one of them!
Arrow Financial Services
5996 W. Touhy Avenue
Niles, Illinois 60714
Phone: 847-557-1100
Fax: 847- 647-9526 (Be sure to include account #)
Web Address: www.arrow-financial.com
HEAD DEBT COLLECTORS:
Jack Lavin, CEO & President
Brian Cutler, VP & CTO
Steven Wilanski, Legal Counsel
Jury Orders Arrow Financial
to Pay Consumer $100,000.00
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
Arrow is hard to gauge these days. They slip in and out of our list of America's Worst Agencies and from one day to the next, you don't know what type of agency you'll be encountering.
Consumers and attorneys tell us Arrow routinely and illegally changes date of last activity on credit reports, file lawsuits on time barred debts, and manufacture bogus documents for court filings.
If you are a victim of the Arrow Financial Services scam and want to take action, here are the people who are involved:
Jack Lavin, President and CEO Lavin has served as President and CEO of Arrow since 1995.
Michael Valentino, Exec Vice President & CFO
Ronald Lavin, Exec Vice President & COO Ron Lavin is responsible for overseeing Arrow's recovery operations across its four nationwide call centers.
Brian Cutler, Exec Vice President & CTO
Jeff Chen, Senior VP, Risk Management
Don Lupo, VP, Finance & Capital Markets
Steven C. Wilansky, House Counsel, VP
Barry Feierstein, VP, Bus Devp & Marketing
Joe Freda - Vice President and Controller
Freda is responsible for Arrow's accounting, financial reporting and cash management functions.
Mark Cavin - VP, Portfolio Management responsible for Arrow's portfolio inventory across all of its operations.
Paul Kottmer, VP, Human Resources is responsible for the management and development of Arrow's corporate and call center human resources departments.
Why does Arrow have such a TERRIBLE reputation?
Arrow buys old debts for almost nothing, then goes after unsuspecting consumers with the usual threats of litigation, seizure, garnishment, etc. They have been know to illegally change information on credit reports (dates of last activity) make false statements on court cases and the other entire debt collector B.S. you hear and deal with on a daily basis.
Why would an organization like Arrow consistently involve themselves in illegal activity? Because it is a BIG money maker. Bottom feeders such as Arrow have the mentality that no matter what the circumstances were in acquiring debts, that they are entitled to a return on their investment. Nothing could be further from the truth.
The laws governing debt collection and credit bureau reporting are explicit in what entities like Arrow can do. Changing the dates of last activity on a credit bureau report, (something that Arrow regularly engages in) is illegal and consumers can take actions against Arrow and the credit bureaus that allow it.
REAL lawyers can assist you in going after Arrow Financial to protect your rights. Furthermore, Arrow’s bogus court filings can be challenged by professionals.
Consumers MUST understand that any pleadings by a bottom feeder AFTER they have purchased a defaulted account are hearsay and not admissible in court proceedings. Arrow employees will lie on affidavits and pleadings with statements they could never have any knowledge of. These lies and bogus filings should be challenged at every chance, they will never hold up. Consumers are encouraged to have their attorneys go after Arrow employees, make them testify to the truthfulness of their statements, watch them run, watch the cases be dismissed. See how many Arrow employees will NOT commit perjury for their employer. This is an excellent way to stop these phony pleadings and filings.
On your credit reports, challenge any and every entry placed on a credit bureau report by Arrow. In order to go after them and the credit bureaus, you MUST first challenge their reporting. That will take away their defense when you file legal actions for violating the Fair Credit Reporting Act. Arrow makes a LOT of money, you are entitled to some of it under federal law when they violate the law and your rights. The more lawsuits filed against Arrow, the better.
Collection agency hit with record fine
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available.
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state – always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors – always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education. - lametCOLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
FROM www.budhibbs.com
A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers.
THEY ALSO EXPOSE THE WORST FDCPA VIOLATORS IN THE COUNTRY - this is one of them!
Arrow Financial Services
5996 W. Touhy Avenue
Niles, Illinois 60714
Phone: 847-557-1100
Fax: 847- 647-9526 (Be sure to include account #)
Web Address: www.arrow-financial.com
HEAD DEBT COLLECTORS:
Jack Lavin, CEO & President
Brian Cutler, VP & CTO
Steven Wilanski, Legal Counsel
Jury Orders Arrow Financial
to Pay Consumer $100,000.00
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
Arrow is hard to gauge these days. They slip in and out of our list of America's Worst Agencies and from one day to the next, you don't know what type of agency you'll be encountering.
Consumers and attorneys tell us Arrow routinely and illegally changes date of last activity on credit reports, file lawsuits on time barred debts, and manufacture bogus documents for court filings.
If you are a victim of the Arrow Financial Services scam and want to take action, here are the people who are involved:
Jack Lavin, President and CEO Lavin has served as President and CEO of Arrow since 1995.
Michael Valentino, Exec Vice President & CFO
Ronald Lavin, Exec Vice President & COO Ron Lavin is responsible for overseeing Arrow's recovery operations across its four nationwide call centers.
Brian Cutler, Exec Vice President & CTO
Jeff Chen, Senior VP, Risk Management
Don Lupo, VP, Finance & Capital Markets
Steven C. Wilansky, House Counsel, VP
Barry Feierstein, VP, Bus Devp & Marketing
Joe Freda - Vice President and Controller
Freda is responsible for Arrow's accounting, financial reporting and cash management functions.
Mark Cavin - VP, Portfolio Management responsible for Arrow's portfolio inventory across all of its operations.
Paul Kottmer, VP, Human Resources is responsible for the management and development of Arrow's corporate and call center human resources departments.
Why does Arrow have such a TERRIBLE reputation?
Arrow buys old debts for almost nothing, then goes after unsuspecting consumers with the usual threats of litigation, seizure, garnishment, etc. They have been know to illegally change information on credit reports (dates of last activity) make false statements on court cases and the other entire debt collector B.S. you hear and deal with on a daily basis.
Why would an organization like Arrow consistently involve themselves in illegal activity? Because it is a BIG money maker. Bottom feeders such as Arrow have the mentality that no matter what the circumstances were in acquiring debts, that they are entitled to a return on their investment. Nothing could be further from the truth.
The laws governing debt collection and credit bureau reporting are explicit in what entities like Arrow can do. Changing the dates of last activity on a credit bureau report, (something that Arrow regularly engages in) is illegal and consumers can take actions against Arrow and the credit bureaus that allow it.
REAL lawyers can assist you in going after Arrow Financial to protect your rights. Furthermore, Arrow’s bogus court filings can be challenged by professionals.
Consumers MUST understand that any pleadings by a bottom feeder AFTER they have purchased a defaulted account are hearsay and not admissible in court proceedings. Arrow employees will lie on affidavits and pleadings with statements they could never have any knowledge of. These lies and bogus filings should be challenged at every chance, they will never hold up. Consumers are encouraged to have their attorneys go after Arrow employees, make them testify to the truthfulness of their statements, watch them run, watch the cases be dismissed. See how many Arrow employees will NOT commit perjury for their employer. This is an excellent way to stop these phony pleadings and filings.
On your credit reports, challenge any and every entry placed on a credit bureau report by Arrow. In order to go after them and the credit bureaus, you MUST first challenge their reporting. That will take away their defense when you file legal actions for violating the Fair Credit Reporting Act. Arrow makes a LOT of money, you are entitled to some of it under federal law when they violate the law and your rights. The more lawsuits filed against Arrow, the better.
Collection agency hit with record fine
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available.
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state – always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors – always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education. - Attorney Harvey Rephen replies to CombatHi,
I'm currently representing a client concerning abusive practices by this company. If anyone is rceiving any abusive or harrassing communications please let me know if you would like to join a potential class action. Thank you.
Sincerely,
Attorney Harvey Rephen
212.796.0930
www.harveyrephenlaw.com
consumeradvocatenyc@gmail.com
Report a phone call from 866-667-3342: