In February of 2019, we represented a consumer in a Fair Debt Collection Practices Act (FDCPA) and Electronic Funds Transfer Act (EFTA) case against Sunrise Credit Services. Sunrise Credit Services is a third party debt collection agency based in Farmingdale, New York. This family-owned agency was founded in 1974 and currently has one 40,000 square foot centralized location in New York.
The consumer that we represented was receiving harassing collection calls to her cell phone from one of Sunrise’s phone numbers, sometimes up to six times a day as well as before 8 o’clock or after 9 o’clock. She told the collectors to stop calling since the alleged debt that she owed did not belong to her and they had the wrong debtor. In response and despite being aware of the FDCPA’s stipulations regarding debt collection harassment, Sunrise told the consumer that if she did not pay the alleged debt that they would sue her employer, as well as warn her that her tax information would be affected. They did not stop calling even after a cease-and-desist letter was sent to them and they did not fulfill her request for a written document verifying that the debt belonged to her. These harassing debt collection practices violated the FDCPA.
In addition, the collectors had the consumer agree to a payment plan which allows monthly payments to be drawn from her checking account to be paid towards this debt. But, there has been no documented authorization of these recurring payments, nor did she ever provide her signature to allow it. These recurring payments without her express authorization violated the EFTA.
As it would be for anyone, the consumer was in a state of mental distress and anxiety from the conduct of these collectors. Do you know what you would do if large amounts of money were being deducted from your personal account, without knowledge of how or why it came about? Luckily, we at Agruss Law Firm were able to step in and end the harassing calls and resolve her issues regarding these recurring payments.
If Sunrise Credit Services is attempting to collect a debt from you, find out about your rights under the law. Agruss Law Firm helps consumers with debt collection harassment, robocalls, and credit report problems. If Sunrise Credit Services is harassing you over a debt, you may be entitled to money damages up to $1,000.00. Plus, the law requires Sunrise Credit Services to pay for our fees and costs. You’ll never owe us a penny.
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