Let me start by saying I work in the collection industry. The agency I work for does follow FDCPA strictly. We are tested monthly on FDCPA guidlines. I received a call from Amy Sheppard at 8:45am 3-2-11 repersenting Brachfeld Law Group. She was pleasant although mispronounced my name badly. She verified my ID by the last 4 digits of my SSN then said I had a debt that was in pre-litigation status and disclosed the information. My first question was"are you a law firm?"her answer was yes. I then asked who she represented she said Providian.in my office we represent the client who purchased the debt, not the original creditor. The conversation was civil as this was her first contact with me.
I continued asking questions, who bought the debt, riverwalk llc, what was the balance, what would a settlement be. I was offered 60% to settle in up to 3 payments. It was at this point I askd if the call was recorded, Amy said yes. FDCPA states the agent MUST identify they are a collection agency in a timely fashion. Timely generally means within the first 40 seconds. We were at almost 5 minutes when she admitted was recording and then gave the Mini Miranda (this is an attempt to collect a debt, ect) clear violations of FDCPA. I asked when the file would be sent to court, Amy had no answer, said it might not go. But she clearly represented to me i was going to be sued.
I asked for a letter of representation as I had not recieved one. She said it had been sent 1-11-11 to the address they have as my home. I never got it. I asked for a new one and asked if the name was on it. She said it wouldnt be as that was a FDCPA violation. That statement alone tells me they misrepresent themselves as a law firm can list the name per FDCPA.
All in all I will be seeking representation myself in this matter. Unfourtunatly I was unable to record the conversation, but will do so when they violate my request to cease and desist all phone contacts. Which by FDCPA once a debtor says dont call, you cant. Thank you to those who open the eyes of americans to these shady backroom preditors. But just remember, debt is a sad situation, but we all face it, and there are those willing to help. The agency I work for pride in HELPING remove bad debt. And if your wondering with the research i've done before posting, My agency isnt on any list ive found as being illegal, violating FDCPA, or just plain scumbags. A big F U to Brachfeld for dragging reputiable agencys down with their practices.
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