Allied Interstate, ATTORNEY GENERAL TAKES ACTION AGAINST DEBT COLLECTORS
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ATTORNEY GENERAL TAKES ACTION AGAINST DEBT COLLECTORS
The Office of Minnesota Attorney General Mike Hatch filed lawsuits today against two debt collection agencies, Allied Interstate, Inc. and JBC and Associates, P.C. for engaging in business practices which violate Minnesota debt collection and consumer protection laws. Both companies are alleged to have used unlawful tactics to collect debts that were not valid or to collect money from the wrong Minnesota consumer.
“Debt collection agencies are becoming more emboldened and employing more aggressive collection activities. In the past, we've seen debt collectors use harassing techniques to collect debts. We are now seeing companies like JBC and Allied crossing the line by trying to coerce consumers into paying unsubstantiated debts and amounts that were not even owed by them in the first place,” said Solicitor General Lori Swanson.
The complaint against Allied Interstate, a Minnesota-based collection agency, alleges that the company has attempted to collect debts from the wrong person. The lawsuit outlines the following illegal collection practices by Allied:
• Failure to Provide Proper Notice. Allied often initiates its debt collection over the phone without sending a letter to the consumer. When consumers dispute the debt on the phone, the company does not tell them that the debt is valid unless they dispute it in writing; that Allied must verify the debt on written request by the consumer; and that Allied must cease collection on the disputed debt until verification of the debt is provided to the consumer.
• False Representation About the Status or Character of Debt. Allied has continued collection phone calls to innocent consumers, after consumers have orally told the debt collector they have the wrong person or that they do not owe the debt.
The second lawsuit alleges that JBC, a New Jersey-based collection agency, unlawfully attempts to collect debts for its clients with threats of legal action that cannot be taken. The complaint alleges:
• Attempts to Collect on Disputed Debts Without Providing Verification. JBC ignores timely, written disputes by consumers and continues collection efforts without providing the necessary verification. The law requires JBC to cease collection of disputed debts until the company mails verification to the consumer.
• Unlawful Threats to Sue on Time-Barred Debts. JBC improperly threatens legal action against Minnesota consumers for debts that are barred under Minnesota's six-year statute of limitations for civil claims on dishonored checks.
• False and Misleading Representation About $100 Civil Penalties. JBC threatens consumers with statutory penalties that are incorrect and are higher than state law. Minnesota law provides for a civil penalty up to $100, with the precise amount determined by a court. JBC nevertheless attempts to coerce consumers into automatically paying the $100 civil penalty without any determination by the court.
The lawsuits charge both companies with violating Minnesota's consumer protection and debt collection statutes. The Attorney General's Office is seeking to prohibit JBC and Allied from engaging in unlawful debt collection practices. The lawsuit also requests civil penalties, consumer restitution, costs and attorney's fees. The suit against Allied was filed in Hennepin County District Court, and the JBC lawsuit was filed in Ramsey County District Court.
BC is a California professional corporation with its headquarters located at 2 Broad Street, 6th floor, Bloomfield, New Jersey. Allied is a Minnesota corporation with its principal place of business located at 800 Interchange West, 435 Ford Road in Minneapolis.
View complaint against Allied Interstate click here View complaint against JBC & Associates click here
What to do when a collection agency calls click here
If you would like to file a complaint with the Minnesota Attorney General's Office click here
Office of Minnesota Attorney General Mike Hatch1400 Bremer Tower 445 Minnesota Street St. Paul, MN 55101 (651) 296-3353 1-800-657-3787 TTY: (651) 297-7206 TTY: 1-800-366-4812
ATTORNEY GENERAL TAKES ACTION AGAINST DEBT COLLECTORS
The Office of Minnesota Attorney General Mike Hatch filed lawsuits today against two debt collection agencies, Allied Interstate, Inc. and JBC and Associates, P.C. for engaging in business practices which violate Minnesota debt collection and consumer protection laws. Both companies are alleged to have used unlawful tactics to collect debts that were not valid or to collect money from the wrong Minnesota consumer.
“Debt collection agencies are becoming more emboldened and employing more aggressive collection activities. In the past, we've seen debt collectors use harassing techniques to collect debts. We are now seeing companies like JBC and Allied crossing the line by trying to coerce consumers into paying unsubstantiated debts and amounts that were not even owed by them in the first place,” said Solicitor General Lori Swanson.
The complaint against Allied Interstate, a Minnesota-based collection agency, alleges that the company has attempted to collect debts from the wrong person. The lawsuit outlines the following illegal collection practices by Allied:
• Failure to Provide Proper Notice. Allied often initiates its debt collection over the phone without sending a letter to the consumer. When consumers dispute the debt on the phone, the company does not tell them that the debt is valid unless they dispute it in writing; that Allied must verify the debt on written request by the consumer; and that Allied must cease collection on the disputed debt until verification of the debt is provided to the consumer.
• False Representation About the Status or Character of Debt. Allied has continued collection phone calls to innocent consumers, after consumers have orally told the debt collector they have the wrong person or that they do not owe the debt.
The second lawsuit alleges that JBC, a New Jersey-based collection agency, unlawfully attempts to collect debts for its clients with threats of legal action that cannot be taken. The complaint alleges:
• Attempts to Collect on Disputed Debts Without Providing Verification. JBC ignores timely, written disputes by consumers and continues collection efforts without providing the necessary verification. The law requires JBC to cease collection of disputed debts until the company mails verification to the consumer.
• Unlawful Threats to Sue on Time-Barred Debts. JBC improperly threatens legal action against Minnesota consumers for debts that are barred under Minnesota's six-year statute of limitations for civil claims on dishonored checks.
• False and Misleading Representation About $100 Civil Penalties. JBC threatens consumers with statutory penalties that are incorrect and are higher than state law. Minnesota law provides for a civil penalty up to $100, with the precise amount determined by a court. JBC nevertheless attempts to coerce consumers into automatically paying the $100 civil penalty without any determination by the court.
The lawsuits charge both companies with violating Minnesota's consumer protection and debt collection statutes. The Attorney General's Office is seeking to prohibit JBC and Allied from engaging in unlawful debt collection practices. The lawsuit also requests civil penalties, consumer restitution, costs and attorney's fees. The suit against Allied was filed in Hennepin County District Court, and the JBC lawsuit was filed in Ramsey County District Court.
BC is a California professional corporation with its headquarters located at 2 Broad Street, 6th floor, Bloomfield, New Jersey. Allied is a Minnesota corporation with its principal place of business located at 800 Interchange West, 435 Ford Road in Minneapolis.
View complaint against Allied Interstate click here View complaint against JBC & Associates click here
What to do when a collection agency calls click here
If you would like to file a complaint with the Minnesota Attorney General's Office click here
Office of Minnesota Attorney General Mike Hatch1400 Bremer Tower 445 Minnesota Street St. Paul, MN 55101 (651) 296-3353 1-800-657-3787 TTY: (651) 297-7206 TTY: 1-800-366-4812
posted by GOTHAMNEWSSALVADOR | 9:09 PM
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