Focus Receivables Management Called Five Times A Day, FL Consumer Alleged

by Donald Petersen on April 18, 2011

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.

(C) 2011 – 2013 Donald E. Petersen
All rights reserved

{ 12 comments… read them below or add one }

Mr. A. June 24, 2011 at 7:09 AM

Focus Receivables ,
Please help me get rid of this debt, it is 22 years old and I know the statue of limitation in California is 4 years. They call me 4-5 times a day with a predictive dialer system, therefor even if I pick up the phone to answer there is no CSR to speak to.

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Ms. C. December 21, 2011 at 1:42 PM

Calls from Focus are about 4-5 times a day. Sometimes they call my sister cell phone and then the job. You always talk to a recording at first to wait for a representative, then when you speak, they never say who they are they just come off with questions. I said I have researched your phone number and know who you are and where you are located.
I asked them to stop calling my phone and job.

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Don Petersen December 21, 2011 at 2:36 PM

Ms. C :

Here are some articles that may be helpful to you and others who
read this webpage.

For more information about consumers’ rights when debt collectors call their place of employment :

http://www.fdcpa.me/not-while-im-working/

For more information about consumers’ rights when debt collectors call people other than the consumer (or the consumer’s spouse) :

http://www.fdcpa.me/collection-agency-calling-family/

For more information about cease communication (also called “cease & desist”) letters :

http://www.fdcpa.me/cease-and-desist-letter/

I hope this information helps you enforce your rights.

Don Petersen

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Ms. S. February 27, 2012 at 9:56 PM

Focus recieveables called me 4 times between 8a-9am leaving 2 voicemails and then again another 4 times about 12p. Then they called another 3 times around 3p leaving yet another voicemail. All those calls were excessive!

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Don Petersen February 28, 2012 at 6:50 PM

I understand that frequent calls can be very annoying. Keep in mind that call volume cases are among the weakest claims that consumers can file. There are many variables to consider and probably quite a few poorly thought out cases filed by mass volume filers. Please read http://www.fdcpa.me/harassment-calling-too-often/

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Ms. W. April 14, 2012 at 9:36 PM

These people call repetatively for harassment purposes for an account I never had.

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Roseanna May 10, 2012 at 10:01 AM

They are constantly calling my cellphone and hanging up when I answer. I only found out who it was by using a different phone to call them. They call my cell at least 6 to 8 times a day, and leaving no messages.. they way I see it if I really had a debt that needed to be collected they would leave a message..this is truly harassment. I have no outstanding debts..this company is very weird.

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Traci May 31, 2012 at 7:15 PM

They have been calling the same as everyone else. They give you a number to call back and when you do it just keeps going in circles. The one time I did talk to someone, they told me they will not work with me, then sue me. They are rude people and I have now filed bankruptcy… thank you Fools!!!

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Mrs. K July 17, 2012 at 9:18 AM

I received calls from them and they are leaving messages which say “this is an attempt to collect a debt and any information obtained will be used for that purpose”. I thought that if they left a message indicating that they were collecting a debt that was a violation of the FDCPA.

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Don Petersen July 17, 2012 at 7:11 PM

Mrs. K. : If debt collectors leave a message which is intended for the consumer to receive, the debt collector must identify their company and disclose that the communication is from a debt collector (or similar words).
Please refer to : http://www.fdcpa.me/collection-agency-message-wh/ If a debt collector communicates with people other than the consumer (or the consumer’s spouse), the debt collector is USUALLY required to NOT disclose
that the communication is from a debt collector. (This is an over generalization. Please refer to “collection calls” category in the left hand column for more information.)

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Nick Chicone January 9, 2014 at 10:37 AM

Yes the same thing!!…… Sent one payment and never go a Receipt in Mail..Told them to send me bills each month But never Did……Just Phone Calls 4 to 7 times a week… they used an answer machine….it has been going on for 2 years Now…It is all over Pay Per Call from AT&T Numbers that I could Not Track…Or No Such Numbers…Or hank up…..people looking for work….Company Trying to sell me something….They put me Out of Business with there Made Up Bills

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barb February 17, 2013 at 8:08 PM

they are calling my cell phone five times a day too.

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