Are You Being Called By Braclaire Management? Protect Yourself Against Abuse!
Debt collectors are ruthless because when you pay the debt, they get their money too. To increase their chances of success they call you at all hours, threaten to have you arrested, and in general bully you at every turn. Don’t be intimidated. When they treat consumers in this manner, they are breaking federal law and could end up owing you money instead.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, requires collection agencies to be professional when contacting you about a debt. Deceptive and hostile measures like the following are illegal and can result in significant sanctions:
- Calling you at inconvenient times and places, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Swearing, raising their voice, and making threats
- Leaving voice messages that do not identify the collector and the reason for their call
- Discussing the debt with your coworkers, neighbors, and friends
- Contacting you after you have sent a cease and desist letter
- Threatening to have you arrested for nonpayment of the debt
Company Profile: Braclaire Management
If you are being called by Braclaire Management, information about the company is below.
Braclaire Management is a debt collection company located in Buffalo, New York. It was established in 2011, has less than 20 employees, and is managed by its compliance officer, Florian Sliwinski.
Litigation files archived at the PACER (Public Access to Court Electronic Records) website indicate that consumers who felt they were being harassed by Braclaire Management opted to file lawsuits to reassert their rights.
Alleged Violations By Braclaire Management
Elya Cockrell Cummins and Gary Cockrell vs. Braclaire Management et al**
According to PACER, on or about May 7, 2015, Oregon resident Gary Cockrell, the father of Elya Cockrell Cummins, received a voice message on his phone from an individual claiming to be an attorney from Delaware Solutions and stating that he wanted to discuss Elya’s debt with Gary before taking the next steps.
On or about May 11, 2015, Delaware Solutions and Braclaire Management allegedly sent a proposed agreement to Mr. Cockrell addressed to Ms. Cockrell Cummins. It contained billing instructions and stated that the payor’s credit card billing statement would read “Braclaire.” It further stated that the settlement funds must be received on or before May 11, 2015.
Delaware Solutions and Braclaire Management allegedly continued to make threatening phone calls throughout May and June sometimes calling up to four times per day. These calls caused a great deal of stress and anxiety for Mr. Cockrell, who felt that they were clear efforts to intimidate him into paying off the alleged debt.
Feeling harassed by Braclaire Management, Mr. Cockrell and Ms. Cockrell Cummins hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
- Discussing Ms. Cockrell Cummins’ debt with a third party
- Using false, deceptive and misleading means to collect a debt
- Using harassing and abusive means to collect a debt
- Failing to send a debt validation notice
A judge later awarded Mr. Cockrell and Ms. Cockrell Cummins $2,000 in statutory damages and $5,000 in actual damages.
Hire an Attorney
The phone numbers for Braclaire Management are:
If either of these numbers appear on your caller ID when the phone rings, it means that you may be being called by Braclaire Management. If they discuss your debt with uninvolved third parties and make demands that are threatening in tone, hire a consumer attorney.
Bullying consumers is against the law, and if you decide to file a claim against Braclaire Management with your attorney’s help, you could potentially win $1,000 per violation as well as attorney's fees, court costs, and any actual damages.
Fighting back can literally pay off.
**Case taken from PACER (www.pacer.gov). File number is Case 3:15-cv-02070-HZ from the United States District Court for the District of Oregon, Portland 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 Braclaire Management, or any other third-party collection agency, you may not be entitled to any compensation.