FTC Shuts Down Debt Collector for Alleged FDCPA Violations

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A U.S. district court shut down a Houston-based debt collection operation that allegedly illegally used insults, lies, and false threats to collect on payday loans – including telling a Virginia woman that she would be arrested and jailed for three years, and would lose her disability payments if she did not pay a $980 debt.

The court also froze the collection agency’s assets. The FTC complaint alleged multiple violations of the FTC Act and the Fair Debt Collection Practices Act, including:

  • falsely representing that Goldman Schwartz is a law firm and owner Gerald Wright is an attorney named Barry Schwartz.
  • falsely claiming that consumers have committed crimes by not paying their debts, will be arrested or jailed, and will lose custody of their minor children.
  • falsely claiming to be affiliated with or work in conjunction with law enforcement agencies.
  • harassing and abusing consumers by using obscene or profane language, calling repeatedly or continuously, and calling late in the evening or early in the morning.
  • adding unauthorized late fees and attorney’s fees to the amount consumers owe on their debts, and
  • failing to inform consumers of their rights to dispute the debts, have the debts verified, and obtain the names of the original creditors.

If any of these things are happening to you, contact the FTC or a local FDCPA attorney to file a private action and recover damages. If you live in California and would like a free evaluation of your case, contact us here.

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