- Who is Budget Control Services?
- Budget Control Services Complaints?
- Budget Control Services Lawsuits
- Budget Control Services Contact
- Budget Control Services Calling?
- How Do I Stop Budget Control Services Debt Collection Harassment?
- How Can I Delete Budget Control Services from My Credit Report?
- How Can I Deal with Budget Control Services?
Budget Control Services, Inc. (BCS) is a third-party collection agency based in Colorado. BCS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including illegal communication tactics and attempting to collect debts not owed. If you have been contacted by BCS about past due financial obligations, make sure you understand your rights before responding.
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Is Budget Control Services a scam?
According to the Better Business Bureau (BBB), Budget Control Services, Inc. was founded and incorporated in 1987. The BBB established its profile page in 1993. BCS is listed as a collection agency, law firm specializing in collections law, and billing service.
According to its website, BCS’ mission is “to be an exemplary collection agency by delivering strong results for our clients through unbending ethical practices and our determined dedication to superior customer service,” with a vision of performing “as a premier agency that consistently demonstrates the highest integrity and customer service standards in the collections industry.”
As an Accounts Receivable Management (ARM) company, BCS offers a full suite of collections services. Their pre-collect services provide clients “with an option to collect aged receivables before choosing to move the accounts into a full collection mode.” First-time placement of primary accounts “are the foundational element of the services provided by BCS,” and focus on “aged accounts receivable when they move into the 45[-] to 90-day past due column.” Legal collections are reserved for accounts in which the “consumer has the financial ability to pay, but refuses, or continues to default on payment arrangements.” In addition, BCS offers ARM consultations, skip tracing, and online services such as 24-hour client access to reports, account updates, and account placement.
BCS provides collection and ARM services for providers of healthcare, dental, and retail credit, as well as bad check recovery and commercial collections. Compliance policies include training in the Fair Debt Collection Practices Act (FDCPA), the Consumer Credit Protection Act (CCPA), and…the Health Insurance Portability and Accountability Act (HIPAA). The Consumer FAQ page hosts links to the websites of regulatory enforcement agencies and the three major credit reporting agencies.
The BBB has closed 6 complaints against BCS in the past three years, with 2 closed in the past 12 months. Complaints are fairly evenly split between those alleging problems with billing and collections and those alleging problems with advertising and sales. Since June 2015, the Consumer Financial Protection Bureau (CFPB) has received 10 complaints about BCS. Justia lists at least 2 cases of civil litigation naming BCS as a defendant.
Absolutely. Here are some Sample Cases against Budget Control Services, Inc.
In February 2012, in United States District Court for the District of Colorado, a judge issued an Order in a case alleging BCS had violated certain provisions of the Fair Debt Collection Practices Act (FDCPA). The plaintiff cited violations of 7 separate provisions of both the federal FDCPA and the Colorado FDCPA (CFDCPA). In earlier proceedings, claims of violation of 5 of the 7 subsections of both the state and federal FDCPA statutes were dismissed.
The February 2012 hearing was held to determine whether BCS’ motion for summary judgement on the two remaining counts would be granted. The first of the two subsections in question regulates the times during which collection agencies are allowed to contact consumers by telephone. According to the FDCPA, collection agencies are prohibited from contacting consumers “at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.” The legally established “acceptable time” to contact consumers is between 8am and 9pm. The complaint in this case originated with collection calls from BCS to the plaintiff. The plaintiff placed 3 returned calls to BCS. According to the facts of the case, BCS called the plaintiff on more than one occasion during the initial weeks of collection efforts, but did not “call him outside of the presumptively convenient times” from 8am through 9pm, so the court granted BCS summary judgment on that count.
Remaining was the question of whether BCS’ having called the plaintiff at his place of employment was a violation of state and federal prohibitions. Section 1962c(a)(3) of the FDCPA prohibits collection calls “at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.” The plaintiff argued that a BCS representative called him at work “after he told [the representative] that he could not talk to him at work.” BCS argued that although this would constitute a violation, the plaintiff’s testimony was his only evidence that that he had notified the representative he was not allowed to receive calls at work, and that the representative subsequently had called him at work anyway. BCS argued that such testimony did not provide the exact time and date of the call and was self-serving and therefore could not be believed by a jury. The court disagreed, citing case law that upheld plaintiff testimony as admissible evidence. In conclusion, the court ordered that summary judgement in favor of BCS was granted regarding all provisions cited by the plaintiff, except Section 1692c(a)(3) of the FDCPA and Section 12-14-105(1)(c) of the CFDCPA, both of which regulate how collection agencies may contact consumers at their places of employment.
Past Press Releases of Lawsuits Brought On By Lemberg Law Against Budget Control Services
October 15, 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Colorado. The case, against Budget Control Services, charges the debt collection agency with violating federal law. It asks for $1,000 in statutory damages, plus other relief.
When personal issues creep into the workplace, it can get you in hot water. After all, many employers reasonably expect you to spend work hours completing your tasks. Our client told us that Budget Control Services called him at work, and that he told Budget Control Services that personal calls weren’t allowed at work. Even though our client told the debt collector to stop calling him at work, Budget Control Services kept on calling.
The lawsuit charges that Budget Control Services violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by contacting our client at a place and time known to be inconvenient; by contacting our client as his workplace, knowing that his employer prohibited such calls; and by using unfair and unconscionable means to collect a debt.
Budget Control Services, Inc.
2950 S. Jamaica Ct, Ste. 200
Aurora, CO 80014
Telephone: (800) 482-2772
Understanding your Debt Collection Rights
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) enforce consumer protection laws. The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are two federal laws that help regulate the collections industry. The FDCPA prohibits actions such as threatening to take actions that cannot legally be taken or using false or misleading language to collect a debt.
The FCRA regulates how collection agencies report information to credit reporting agencies.Additional consumer protection laws include the Consumer Financial Protection Act (CFPA) and the Telephone Consumer Protection Act (TCPA).
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers to recover damages of up to $1,000, plus attorney fees and court costs, in cases proving violations of the FDCPA.
The case above illustrates how understanding your rights and responsibilities under these laws is an important part of holding collection agencies accountable for their actions. Seeking legal assistance can help you resolve a dispute with a collection agency.
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are recieving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200.
What Our Clients are Saying
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