Are you being called by Brewer, Michaels & Kane, LLC?* Here's what you need to Know
Are debt collectors calling you on a routine basis? If so, they may be breaking the law. While collection agencies are legally permitted to contact you about settling an outstanding debt balance, they are not allowed to pursue you to the extent that you feel harassed.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA grants consumers the right to dispute a debt and tell collection agencies to stop to stop calling them. It also regulates what debt collectors can say or do during collection attempts and prohibits tactics like those below.
- Failing or refusing to identify themselves as debt collectors trying to collect a debt
- Using profane or obscene language
- Discussing the debt with uninvolved third parties like your friends, family and neighbors
- Calling you before 8:00 a.m. and after 9:00 p.m.
- Pretending to be attorneys, police officers, or federal agents
- Demanding outrageous ‘fees’ in addition to the original debt
Company Profile: Brewer, Michaels & Kane, LLC
If you are being called by Brewer, Michaels & Kane, LLC, information about the company is below.
Brewer, Michaels & Kane, LLC is a debt collection office located in North Tonawanda, New York. It was established in 2008, has approximately 12 employees, and is managed by its President, Jon Hummel. Consumer complaints boards have accused the company of being part of a fraudulent group of debt collectors that allegedly includes Tri Financial or CNE Associates. Records archived at the PACER (Public Access to Court Electronic Records) website confirm that consumers who believed they were being harassed by Brewer, Michaels & Kane, LLC challenged the company in court.
Alleged Violations against Brewer, Michaels & Kane, LLC
Fiona Clark vs. Brewer, Michaels & Kane, LLC*
According to PACER, in or around late 2008 or early 2009, collectors from Brewer, Michaels & Kane, LLC allegedly contacted New York resident Fiona Clark on a constant basis seeking and demanding payment for an alleged debt. Collectors also allegedly called her spouse and threatened to file lawsuits and seek wage garnishment orders against both of them. When Ms. Clark sent a letter by certified mail indicating that she did not believe she owed the debt, company representatives allegedly solicited her to write a postdated check in exchange for withholding from filing suit against her.
Feeling harassed by Brewer, Michaels & Kane, LLC, Ms. Clark hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Harassing her by phone
- Using abusive language
- Failing to identify itself as a debt collector in all communications
- Using false, deceptive and misleading means to collect a debt
- Threatening legal action it could not take
- Using unfair and unconscionable means to collect a debt
A judge awarded Ms. Clark $2,886 in statutory damages, costs and fees.
Hire an Attorney
The phone numbers for this collection agency are:
If either one appears on your caller ID when the phone rings, be aware that you are being called by Brewer, Michaels & Kane, LLC. If they use abusive language and threaten legal action they cannot take, hire a consumer attorney. Such abuse is illegal and if you decide to file a claim against Brewer, Michaels & Kane, LLC, you could potentially win $1,000 per FDCPA violation plus associated costs and legal fees. Don’t let yourself be pushed around- when a collection agency treats you badly, you could emerge the winner in court.
*Case taken from PACER (www.pacer.gov). File number is Case 1:09-cv-00188-RJA from the United States District Court for the Western District of New York.
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 Brewer, Michaels & Kane, LLC, or any other third-party collection agency, you may not be entitled to any compensation.