Pinnacle Credit Services Liable For Collection Agency’s Violations, AL Consumer Alleged

by Donald Petersen on March 26, 2011

Alabama consumer sued Pinnacle Credit Services, LLC and B & T Financial Services alleging that B & T Financial violated the Fair Debt Collection Practices Act (“FDCPA”) while collecting an account on behalf of Pinnacle Credit Services.

The FDCPA complaint alleged that B & T Financial threatened litigation that it was not authorized or did not intend to file.

The complaint also alleged that B & T Financial contacted third parties although B & T Financial already had consumer “location information”. The FDCPA complaint further alleged that B & T Financial revealed details of the debt to the third parties and/or requested the third parties to communicate with consumer.

The factual allegations in the Fair Debt complaint against Pinnacle Credit Services and B & T Financial are just that — alleged facts.
The alleged facts were never proven in court.

The allegations against Pinnacle Credit Service arise from B & T Financial’s alleged violations based upon a respondeat superior theory.

The Alabama complaint also alleged three additional claims arising from Alabama law — that defendants : (1) invaded her privacy by revelation of private financial facts to a third party; (2) negligently, wantonly, and/or intentionally hired and supervised incompetent debt collectors; and (3) committed negligent, wanton, and intentional conduct which injured the consumer. The Court never ruled on liability of either defendant based upon the consumer’s FDCPA or state law causes of action.

The complaint drafted by the Alabama consumer protection lawyer is the product of his experience and judgment. This case demonstrates the importance of hiring experienced debt harassment lawyers who are licensed in your state, are well versed in your state’s laws, and are familiar with your state’s courts. So-called “national law firms” do not have this capability or experience.

If you are receiving calls or letters attempting to collect a debt from Pinnacle Financial Corporation or from a collection agency who is attempting to collect on Pinnacle Financial Corporation’s behalf, you are welcome to contact me by completing the Contact Form in the right hand column of this page. If you are a Florida resident, you are also welcome to call my office. If you are a Florida resident, I will contact you to discuss your situation and how I may be able to assist you.

If you are not a Florida resident, I will try (as a courtesy) to provide you with the name and contact information concerning experienced debt harassment lawyer who is licensed to practice law in your state or resources to help you locate an experienced debt harassment lawyer.

(C) 2011 Donald E Petersen
All rights reserved

{ 7 comments… read them below or add one }

Mr & Mrs. X September 14, 2011 at 2:07 PM

We too are having problems very akin to the ones listed in your article, as well as others, that are in violation of the Fair Debt Collection Act in many ways.

Reply

Don Petersen September 15, 2011 at 2:15 PM

I hope the information that I provided privately will assist you.

Reply

jlowow1975 November 12, 2011 at 12:46 AM

I just got a phone call from this company threatening me and insulting me and degrading me because I’m a single parent,what are my rights. They said they were suing me and I asked to speak to the attorney who was handling the case and they refused to let me.

Reply

Don Petersen November 12, 2011 at 6:14 PM

“J” : Please refer to the list of categories on the left hand side of this page. I especially recommend that you read the entries in the “Harassment” and “Collection Calls” categories. These educational articles should provide you some information so you can ask informed questions when you consult with a FDCPA lawyer who is licensed to practice law in your state about your “rights” and who can represent your interests. Good Luck!

Reply

DaveW December 13, 2011 at 11:42 AM

Also Keep in mind if Pinnacle calls you in Florida. They are not licensed to collect debts by the State of Florida.

Reply

Don Petersen December 14, 2011 at 9:48 AM

As of December 14, 2011, the Florida Office of Financial Regulation has not licensed Pinnacle Credit Services to collect consumer debts in Florida.

Reply

Ashley January 12, 2012 at 4:53 PM

Very similar to what just happened to me yesterday. I live in Oregon. First off, the woman did not introduce herself in the typical, “I am a debt collector & any information pertained will be used to collect said debt”, or whatever the exact words are. I wasn’t paying a lot of attention when she said her name or whom she was with, because I figured it was just a sales call (as she did not identify herself as a collector). So, towards the end of the conversation, after she told me I CAN NOT file for bankruptcy, and asking if I had ever been sued by a creditor before, it took about 8 times of me asking who she worked for, for her to finally say, over my voice as I was asking again, BTFS, which, come to find out, isn’t technically the name, now is it? Then, I asked her name, same thing, she kept saying, “I already told you that” & “Its not my fault you weren’t listening”, & even, “You should’ve written it down the first time”. I hung up on her after that. She also claimed my last payment to the card was a year after it actual was.

Reply

Leave a Comment


three + = 8

Previous post:

Next post: