My wife and I obtained a loan from The Money Store a number of years ago. We were happy with them and their level of service even when we were late with a payment, as somtimes happens to everyone. Then they became Homeq Servicing Corporation. We started to receive 4 to 6 calls per day, starting on the due date, when we did not have our payment in on time.
I had talked to them on multiple occasions about their violation of Florida harrassment law and was told that they do not care about the law and that they will continue to call as much as they want, when ever they want. On every occasion they declined to say this when being recorded, of course.
Be aware that most states limit collection calls to a maximum of 2 per day. (You may want to contact your states Commerce Department, or what agency regulates collections, to verify the specific regulations.) As Homeq states that they are atempting to collect a debt at the onset of the call then they are placing themselves not only under harrassment law but also the Fair Debt Collection Practices Act, which is federal law.
They avoid numerous lawsuits simply by using a caller id block so as to not provide evidence against themselves. If a person was to file a harrassment suit against them they would have to suppoena Homeq's phone records, which would surely necessitate a lengthy, and costly, legal battle in its own right. Also be aware that some states allow you to record telephone conversations without notifying the other party.
You may do so to garner evidence against them but you must check with your state to see if they allow recording with one party notified. Unfortunately florida is not one of them and when ever they are advised that the conversation is being recorded they usually hang up! (Which is a good way to get them off the line.) There are many ways to take action aganst them.
The most major problem is the retaining of an attorney as they are necessary in bringing suit against an unfair or harrassing creditor. I myself am saving money for just such a contingency
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