On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, Eastern District of California, against Total Recovery Solutions (TRS). Our client alleges that Total Recovery Solutions contacted him, but didn’t inform him that the call was an attempt to collect a debt. During one conversation, TRS allegedly threatened to garnish our client’s bank account if the debt was not paid immediately, even though TRS didn’t have a judgment against him and therefore didn’t have the legal authority to garnish his bank account. Our client also alleges that Total Recovery Solutions’ debt collectors were rude and abusive, and demanded that our client make weekly payments beginning immediately. In order to avoid the garnishment and make the calls stop, our client agreed to Total Recovery Solutions’ demands. After the conversation, our client realized that the amount he agreed to pay was more than twice what he owed. Our client called Total Recovery Solutions to ask about the balance and to request validation. Total Recovery Solutions allegedly accused our client of fraud, and when our client asked to speak to a supervisor, the Total Recovery Solutions collector hung up on him. Subsequently, Total Recovery Solutions called up to three times per day, and left a voicemail about the debt at our client’s workplace.
The lawsuit charges that Total Recovery Solutions violated the Fair Debt Collection Practices Act (FDCPA) by communicating with third parties; by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by misrepresenting the character, amount, and legal status of a debt; by employing false and deceptive means to collect a debt; by failing to inform our client that the communication was an attempt to collect a debt; by using unfair and unconscionable means to collect a debt; and for failing to send an initial letter within five days of first contact. In addition, the lawsuit alleges that Total Recovery Solutions violated the Rosenthal Fair Debt Collection Practices Act.
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