Focus Receivables Management, LLC allegedly called everyday, five times a day according to a lawsuit alleging that the collection agency violated the Fair Debt Collection Practices Act
Focus Receivables Management also allegedly left a message to a Lee County, FL consumer stating “You better answer the phone. We are going to take action.” The FDCPA lawsuit against Focus Receivables alleged that the collection agency’s threat to sue was false.
The consumer alleged that Focus Receivables Management called him from 866-913-2236 and 877-623-6287.
The Florida consumer also alleged that he had not received anything in writing from Focus Receivables.
The factual allegations in the complaint against Focus Receivables Management are just that — alleged facts. The alleged facts were never proven in court.
In my opinion a statement that “we are going to take action against you” is a threat to take legal action against the consumer. This FDCPA lawsuit illustrates the importance for consumers to save the messages that they receive from collection agencies and preserve the properly.
Collection agencies who threaten to take legal action almost always violate the Fair Debt Collection Practices Act by making the threat because they : (1) don’t have the authority to file a lawsuit; and / or (2) presently intend to file a lawsuit against the consumer.
To the best of my knowledge, Focus Receivable Management does not file lawsuits in Florida (where the consumer resided) or, probably, any other state. Even the very few debt buyers who actually file collection lawsuits seldom actually file a lawsuit.
The Fair Debt Collection Practices Act (“FDCPA”) also prohibits collection agencies from causing a telephone to ring repeatedly or continuously with intent to annoy, abuse, or harass any person. If my opinion, calling five times per day would be excessive.
If you are receiving calls from Focus Receivable Management or another collection agency you are welcome to contact me by completing the Collection Agency Harassment form in the right hand column of this page. If you live in Florida, you are also welcome to call my office. I will contact you to discuss your situation and how to protect your rights.
If you live outside Florida, I will try (as a courtesy to you) to provide you with the name and contact information of an experienced FDCPA lawyer who is licensed to practice law in your state.
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