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Abusive Practices by Mann Bracken Exposed on Local News Broadcast
Posted by: | CommentsWSBTV of Atlanta, Georgia recently ran a segment documenting the abusive collection practices of Mann Bracken. WSBTV reports that the Georgia Attorney General is currently suing Mann Bracken over alleged abusive practices.
The segment airs images of Mann Bracken’s infamous 14th floor, described as a “boiler room” which houses Mann Bracken’s abusive collection unit. The segment details the following abusive collection acts by the firm:
- A recording of a call in which a Mann Bracken collector chides a debtor for not affording the debt the same priority as a utility payment;
- Mann Braken’s refusal to heed a consumer’s protest against their collection attempts on the basis that the debt was not owed by her and where the original creditor admitted in writing that the debt was the product of fraud and was not owed by the consumer;
- Attempts to collect debts by placing harrassing telephone calls to elderly relatives;
- Threats to take the consumer’s home;
- Lawsuits against debtors on debts that are clearly time-barred.
Steve Koval, a consumer attorney, comments that Mann Bracken knowingly pursues abusive debt collection tactics because such tactics are profitable, even after accounting for the inevitable FDCPA based lawsuits filed against them.
The segment closes with a very interesting encounter with William Christopher Bracken, III, a co-founder of the firm.
The video can be viewed by clicking here.
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Excellent FDCPA Verdict for Disabled Man Sued by Debt Collector on a Time-barred Debt
Posted by: | CommentsOn April 16, 2009, a Montana jury decided to punish debt collection law firm Johnson, Rodenburg and Lauinger for violating the Fair Debt Collection Practices Act (”FDCPA”) as well as Montana’s consumer protection law, awarding $250,000 in emotional distress damages, $1,000 in statutory damages, $60,000 in punitive damages (this is the maximum amount of punitive damages permitted by Montana state law). A question remains whether the Plaintiff is entitled to even more money under Montana’s consumer protection law.
The jury rejected the debt collector’s argument that the disabled victim should only be entitled to $500 in damages. The jury found that the debt collector violated the law by suing on a debt that was barred by Montana’s statute of limitations, adding attorney fees to the debt not permitted by the original credit card contract, and by serving abusive requests for information upon the victim.
John Heenan, Esquire of Heenan Law Firm PLLC located in Billings, Montana did an incredible job of representing the Plaintiff in this case.
More details about the case can be found in the Billings Gazette by clicking here.
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Deposition of an IC Systems, Inc. Employee
Posted by: | CommentsFellow NACA member firm Law Offices of Dean Malone, P.C. take the sworn statement (deposition) of an employee of well known debt collector I.C. Systems, Inc. According to information on their website, I.C. Systems complies with the Fair Debt Collection Practices Act:
We comply with the Fair Debt Collection Practices Act and the Code of Ethics as adopted by the American Collectors Association (ACA). We stay on top of the latest government and industry regulations so you don’t have to and we comply with all local, state and federal regulations governing collection agencies.
Thanks to Dean Malone for making this video available!
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Rare growth area for firms: debt
Posted by: | CommentsGiven the state of the economy, attorneys warn, companies are getting more aggressive when it comes to collecting their due.
via Rare growth area for firms: debt.
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Pennsylvania Attorney General Resolves Lawsuit Against Illinois Debt Collectors
Posted by: | CommentsPennsylvania Attorney General Tom Corbett settled a lawsuit against First Credit Services and Stanley Weinberg & Associates of Glen Ellyn, Illinois. The offending debt collectors will pay $20,000 in fines and costs to resolve the suit.
The Attorney General’s Bureau of Consumer Protection alleged that the Illinois collectors violated the Pennsylvania Consumer Protection Law, Pennsylvania’s Fair Credit Extension Uniformity Act, and the federal Fair Debt Collection Practices Act. According to allegations made by the Bureau, the offending collectors engaged in a pattern of abusive debt collection by doing the following:
- Use of abusive and obscene language;
- Contacting third parties including neighbors, friends, employers and family members;
- Contact with the intent to abuse, annoy or harrass;
- Unreasonable volume of calls within a certain period of time;
- Impermissible disclosures to third parties regarding the debt owed;
- Calls to the consumers’ place of employment when it was known that such calls were not authorized by the employer;
- Misrepresentation of the legal status of the debt;
- Use of deceptive or fraudulent means to coerce payment or obtain financial status.
Victimized consumers reported receiving threats that their wages would be garnished, their homes would be taken, or that they were in some sort of serious, perhaps criminal, legal trouble.
Attorney General Tom Corbett emphasizes that Pennsylvania consumers must understand that conduct by debt collectors similar what is described above is illegal.
Consumers should also be aware that pursuing abusive debt collectors for illegal conduct is not limited to the purview of the Attorney General’s Office. Private attorneys may also pursue these cases on behalf of consumers. Consumers are entitled to $1,000 in statutory damages at minimum, even if there are no actual damages. Of course, if there are actual damages, like emotional distress, an offending debt collector’s liability can far exceed the minimum statutory damages. In addition, victimized consumers are entitled to have their attorney fees paid.
Source: http://www.consumeraffairs.com/news04/2005/pa_first_credit.html
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