According to the Association of Credit and Collection Professionals, people across the country receive calls and other communications from debt collectors on a routine basis, and not all of these contacts with consumers are ethical or legal.
If you’re dealing with a debt collector who yells at you, calls you late at night, or exposes your debt to your family to get you to pay, call a consumer protection lawyer immediately.
Your Rights and How They Fall Under the FDCPA
Before the Fair Debt Collection Practices Act, or FDCPA, was enacted to protect indebted consumers from predatory debt collectors, abuse was so rampant that it was practically normal. Today, actions like those below can get a collection agency fined and even closed down.
- Failing to identify themselves during each communication as a debt collector seeking to collect a debt
- Using obscene and threatening language
- Telling the debtor’s friends, neighbors, and uninvolved family members about the debt
- Failing to report a debt as disputed to the credit bureaus
- Failing or refusing to validate the debt
- Pursuing a debt that was discharged in bankruptcy
Company Profile: Benuck & Rainey
If you are being called by Benuck & Rainey, here is some background information about the agency.
Benuck & Rainey is a debt collection agency located in Lee, New Hampshire. It was founded in 2004, has 19 employees on staff, and is managed by its President, Nancy Rainey.
According to PACER, consumers who believed they were being harassed by Benuck & Rainey exercised their right to take the company to court.
Alleged Violations against Benuck & Rainey
According to court records, in or around December 2017, Benuck & Rainey called an Indiana consumer to collect a debt. He was surprised, as he had never given his cell phone number to the company or otherwise expressly consented to receive calls.
The consumer was unaware of the alleged debt and demanded that the company stop calling him, but the calls allegedly continued. He also alleged that he never received a debt validation package within five days after this initial communication.
Later, the consumer hired a lawyer and sued Benuck & Rainey for violating his rights by:
- Failing to identify itself as a debt collector in all communications
- Ignoring a cease communications request
- Failing to send him a debt validation letter
The matter was later resolved on later date.
Hire a Consumer Lawyer
The phone numbers for Benuck & Rainey are:
If any of those numbers show up on your phone, be aware that Benuck & Rainey is trying to call you. If they keep calling after you ask them to stop, let your next call be to a consumer lawyer who can assist you in filing a claim against Benuck & Rainey.
When a debt collector ignores your rights, potential compensation includes $1,000 per FDCPA violation plus court costs and legal fees. Treating you like you have no power in the matter can be an expensive mistake.
Case taken from PACER (pacer.gov). File number is Case 1:18-cv-01000-JMS-MJD from the United States District Court for the Southern District of Indiana, Indianapolis Division.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Benuck & Rainey or any other third-party collection agency, you may not be entitled to any compensation.