Lewis McDonnell & Associates Debt Collection Harassment?
Lewis McDonnell & Associates Debt Collection Harassment? Nobody ever wishes to be in debt, it is a very stressful and confusing situation to find yourself in.
Are you dealing with their debt collection harassment? The bad news is that it only gets worse when they keep placing call after call on you, reminding you of your unpaid debt.
We understand that it is the responsibility of Lewis McDonnell & Associates to recover debts owed by consumers, and it is very logical to want to make a profit, however, it is not acceptable for them to overstep the boundaries prescribed by the law and engage in debt collection harassment.
Some debt collectors may use misleading language about their legal authority and portray themselves as delivering legal documents to intimidate consumers.
Under the Fair Debt Collection Practices Act, Debt collection Agencies must act in a way that ensures that the consumer does not feel disrespected, scared, or taken advantage of. The Act, also known as the FDCPA, protects consumers’ rights in the context of debt collection. In other words, debt service collectors must adhere to a certain set of rules when they are pursuing consumers who owe money. If a collector violates the FDCPA, you can sue the collector in court. The law allows consumers who have been victims of harassment from debt collectors to get the calls to stop in addition to recover statutory damages of up to $1,000, plus attorney fees.
Who is Lewis McDonnell & Associates?
Lewis McDonnell & Associates is a debt collection agency that has been involved in several complaints and lawsuits related to their debt collection practices. The company has been accused of using false statements and harassment to collect debts from consumers. These allegations have raised significant concerns about the company’s adherence to ethical and legal standards in their debt recovery efforts. The agency’s practices have led to numerous consumer complaints, highlighting the need for vigilance and awareness when dealing with them.
Who is Lewis McDonnell & Associates?
Lewis McDonnell & Associates is a third-party debt collector located in Tustin, California.
Contact Information
Address:
PO Box 751
Tustin, CA 92781-0751
Phone: 888-263-8638 & 877-256-5525, 626-699-2561
Is Lewis McDonnell & Associates a legitimate collection agency?
According to the Better Business Bureau website, they have been in business since 2017. There have been 70 complaints closed in the last 3 years and 40 complaints closed in the last 12 months. Documenting the date of each complaint submitted is crucial to track interactions and grievances effectively. Read more about it here: Lewis McDonnell & Associates Better Business Bureau
What is classified as unlawful behavior by the FDCPA?
According to the federal law enacted for the protection of your consumer rights (the FDCPA), a third-party debt collector, during the collection or settlement of a debt, is not allowed to use unfair practices to coerce a debt from you.
Examples of such unfair practices prohibited by the FDCPA include:
- A debt collection organization trying to collect extra interests and charges in addition to the amount that you owe to them.
- Messing up your payments by depositing a post-dated check too early
- Failure to properly inform you about the debt and your right to dispute it
- Employing the use of obscene, profane, unethical, and harassing words during their communications with you.
- Issues related to the lack of identifiable contact information, including an account number, in fraudulent accounts.
Furthermore, the Fair Debt Collection Practices act strongly frowns upon the use of false, deceptive, or misleading practices by debt collectors in the debt recovery process. Examples of such practices include:
- Misrepresenting the details of your debt, including the amount that is owed, and any other important credit details
- Debt collection officials falsely representing themselves as legal officials or police officers.
- Issuing threats that are not within their power to carry out. Such threats include threats of bodily harm, arrest, or jail time.
- Issuing threats to embark on illegal courses of action that the debt collector has no intention of pursuing.
- Harassing you with an excessive amount of phone calls intended to annoy, harass, or shame you into the payment of your outstanding debts.
In addition to these federal laws that protect your consumer rights, each state usually has a slightly altered set of rules (alongside other federal laws) that are aimed at generally prohibiting debt collection practices that might be considered unfair, deceptive, or abusive towards the consumer.
It is also highly advisable to keep good records of your communications with a debt collector in case you will need to pursue any form of legal action in the future. For this reason, it is always a good idea to keep a file of all the letters, documents, and correspondence that you have received from a debt collector.
Additionally, retain copies of anything that you have also sent to a debt collector such as a cease-and-desist letter. Keep comprehensive notes that record the dates and times that conversations took place, alongside an explanation of what was discussed. Also, keep records of any violations of your consumer rights committed by the other party. Keeping these records will come in handy in the case of a dispute with a debt collector or if you decide to retain legal counsel.
Complaints and Lawsuits Against Lewis McDonnell & Associates
According to the Consumer Financial Protection Bureau (CFPB), Lewis McDonnell & Associates has received numerous complaints from consumers regarding their debt collection practices. These complaints often include allegations of false statements, harassment, and attempts to collect debts that are not owed. The company has also faced several lawsuits related to their debt collection methods. For instance, one lawsuit involved a consumer who claimed that Lewis McDonnell & Associates used false statements and harassment to collect a debt, which underscores the serious nature of these allegations.
Credit Card Debt Issue
One of the most common complaints against Lewis McDonnell & Associates is related to credit card debt. Consumers have reported that the company has attempted to collect credit card debts that are not owed, using false statements and harassment in the process. In one notable case, a consumer alleged that the company tried to collect a credit card debt that had already been paid off. The consumer claimed that Lewis McDonnell & Associates used false statements to pressure them into paying the debt again, highlighting the aggressive and potentially unlawful tactics employed by the agency.
Company Response to Harassment Allegations
In response to allegations of harassment, Lewis McDonnell & Associates has stated that they take all complaints seriously and are committed to resolving debt collection issues in a fair and respectful manner. The company asserts that they have policies in place to prevent harassment and ensure that consumers are treated with respect. Despite these assurances, the volume of complaints suggests that there may be a disconnect between the company’s stated policies and their actual practices.
How to end the badgering calls from Lewis McDonnell & Associates
Note that following the first communication you receive from Lewis McDonnell & Associates, a debt collector cannot call you outside the hours of 8 a.m. to 9 p.m.
Lewis McDonnell & Associates is expected to adhere to these restrictions, as they are meant to protect your privacy, and a violation of them would amount to a violation of the FDCPA laws.
In addition to this, Lewis McDonnell & Associates is not allowed to place anonymous calls to you. They must give you their business name, address, state their intention for the call, and the name of the debt collection representative you are talking to.
Additionally, you should let your Lewis McDonnell & Associates debt collector know if you are unable to receive calls at your place of employment, and once they know, they are expected to adhere to those rules. They can call people in your social circle (such as family and friends) to get your address, phone number, or place of employment. Note that they are not allowed to mention that they are contacting you over the non-payment of a debt, or to reveal sensitive details about the debt to any of those persons called.
To stop the badgering calls, you should get in touch with an attorney as soon as possible. Once you inform Lewis McDonnell & Associates that you have retained the services of a lawyer, they will direct all subsequent phone calls to the office of the lawyer. You can get in touch with a qualified lawyer by calling (877)-700-5790.
The second option is to write and send them proof of a cease-and-desist letter. This is basically a letter you write to the collection agency asking them to stop calling and harassing you, and it should be sent by certified mail.
Please note that sending a certified letter to the collection agency does NOT equate to you being free from the debt, it simply means that you will no longer receive communications from Lewis McDonnell & Associates about it. The debt still very much exists.
When Lewis McDonnell & Associates gets your certified letter, they are no longer legally authorized or permitted to contact you except:
- They want to acknowledge the receipt of your letter and tell you that they will no longer be contacting you to remind you about your unpaid debts, or
- They want to let you know that certain actions have been or will be taken against you (for example, an impending lawsuit)
Regardless, it is always wise to seek legal counsel in order to know the right direction to walk in before you proceed.
Resolving Debt Collection Issues
If you are experiencing debt collection issues with Lewis McDonnell & Associates, there are several steps you can take to resolve the issue. First, contact the company directly and ask to speak with a supervisor or someone who can assist you with your complaint. Keep a detailed record of all correspondence with the company, including dates, times, and details of conversations. If the issue remains unresolved, consider filing a complaint with the CFPB or seeking assistance from a consumer protection agency. Taking these steps can help ensure that your rights are protected and that any unfair practices are addressed.
How can we help?
If you are facing harassment from Lewis McDonnell & Associates, we will attempt to use both federal and state laws to ensure that they face the full consequences of their actions.
In the first stage, we will send Lewis McDonnell & Associates a cease-and-desist letter request, instructing them to desist from all harassing actions.
If, on the other hand, it is proven beyond reasonable doubt that Lewis McDonnell & Associates has violated any of the laws that protect your consumer rights you may be entitled to monetary compensation for your inconvenience, and we will fight till the end to ensure that you get it.
Under the FDCPA, you are entitled to get $1,000 in statutory damages in addition to whatever amount that you claim the harassment from Lewis McDonnell & Associates has caused you in actual damages. In addition to this Lewis McDonnell & Associates. is responsible for all legal costs, including your attorney fees.
What this means is that if we are able to prove a valid case of debt collection harassment against Lewis McDonnell & Associates, you do not have to pay us a penny, as all costs will be covered by the erring debt collection agency.
In addition to federal laws, you may also be covered by certain state laws that are set up to prohibit harassment from Lewis McDonnell & Associates.
CONSUMER RIGHTS LAW FIRM, PLLC
Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Contact a legal professional to stop the Lewis McDonnell & Associates phone harassment. Our office has been assisting consumers since 2010. We have an A+ rating with the Better Business Bureau.
If you are not sure of the name of the collection agency that is contacting you than feel free to visit our list of collection and reporting agencies List of Collection Agencies in United States Consumer Rights Law Firm PLLC (consumerlawfirmcenter.com).
Feel free to visit our FAQ page: FAQ | Consumer Rights Law Firm PLLC (consumerlawfirmcenter.com
If you are interested in learning more about how to prevent phone harassment from Lewis McDonnell & Associates, call us at (877)700-5790 for immediate assistance or contact us here.
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