GETTING CALLS FROM PERFORMANT? A JUST SETTLEMENT MAY BE IN ORDER!
Too many people in America are in debt these days making it all too easy for collection agencies like Performant Recovery, Inc. (formerly Diversified Collection Services) to target consumers who are going through a rough time. Sadly, debt is a big business in this country and dozens of collection agencies all over the United States are doing everything they can to collect on outstanding debt. The debt these collection agencies come after were sold to them for as little as 3 to 10 cents on the dollar. These agencies are doing whatever it takes, even if it means breaking the law.
There are two laws currently on the books that aim to protect consumers from harassment by debt collectors. Meet the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA). These laws are both monitored by the Consumer Financial Protection Bureau and consumer law attorneys throughout South Florida. What they do is reduce the ways in which debt collection companies can violate your privacy, which they do often by placing endless calls and texts to consumers without their consent.
THE FDCPA
One of the most important pieces of legislation that works to bar predatory collection agencies is the Fair Debt Collection Practices Act. This is a federal law that prohibits an astounding amount of practices that are considered harassment. Of these behaviors that debt collectors are fond of utilizing, the most common include:
•Calling you at inconvenient times early in the morning or late in the evening, before 8 AM or after 9 PM.
•Calling a place of employment to speak about your debt after being asked not to.
•Pretending to be a legal authority or law enforcement officer.
•Continuing to call after you have requested they stop.
•Calling about your debt to friends and family members.
•Using abusive, profane, or threatening language to get you to pay up.
•Exaggerating the amount of your debt.
THE TCPA
The TCPA prohibits calls and texts placed by automatic dialing systems and prerecorded messages from being sent by collection agencies to consumers without their express written consent. If you have received a stream of phone calls or text messages from such a company, a Miami TCPA attorney is an excellent resource in navigating your legal options for recovery. TCPA violations can bring $500 to $1500 per call or text.
WHAT DID PERFORMANT DO?
Performant Recovery, Inc. from Livermore, California, opened in 1976 as Diversified Collection Services and recently changed its name in 2012. Though it is accredited by the Better Business Bureau, the company has almost 500 complaints against them since 2012 alone. Performant specializes in student loans but also handles delinquent taxes. It has allegedly violated both the TCPA and FDCPA by disrespecting and harassing customers and their family members. The company has also been accused of releasing sensitive personal and financial information.
These collection agencies usually call from several phone numbers to trick consumers, however if you get a call from 1 (888) 335-6267, you should know it is Performant Recovery calling. Keep an eye out for how many times they call and catalog the calls and content of the conversations. If they harass you in any way, you may be able to receive compensation of $500 to up to $1500 per call or text with the counsel of a Florida TCPA attorney like Jibrael S. Hindi and his experienced team of consumer law attorneys. Call The Law Offices of Jibrael S. Hindi at 1-844-JIBRAEL today or contact us online for a free consultation.
