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Cawley & Bergmann or C&B is a third-party debt collection agency based in New Jersey. C&B has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including improper sharing of information and attempting to collect debts not owed. If you have been contacted by C&B,make sure you understand your rights before responding.
The Better Business Bureau (BBB) provides two profile pages for Cawley & Bergmann, LLP. One profile page, with an address in Fort Lee, NJ, was established in 2010 and indicates that mail sent to that address in October 2012 was returned by the U.S. Postal Service as undeliverable. The BBB has posted an Out of Business status indication on this profile page. The second profile page, with an address in River Edge, NJ, was established in 2011 and indicates that C&B is a law firm. Buzzfile estimates C&B’s annual revenue at $311,000 and the size of its headquarters staff at 4 employees, with a total of 9 employees in all locations.
According to its website, Cawley & Bergmann LLP “is a debt collection company specializing in the recovery of delinquent consumer debt…whose goal is to work with consumers on behalf of our clients to reach a mutually beneficial and amicable resolution to outstanding debt items.” C&B serves “financial institutions across the United States who provide financial services to consumers.”
The Cawley & Bergmann LLP website does not provide any detailed information about their business practices. However, they do indicate that their “consumer resolution specialists are specially trained to act professionally, respectfully, and in adherence to all relevant federal, state, and local laws governing consumer debt collections.”
Cawley & Bergmann LLP’s About Us page includes information about consumer rights and complaint resolution, including an overview of consumer protections included in the FDCPA. However, there are no links to consumer protection laws or enforcement agencies.
As of December 2017, the Better Business Bureau (BBB) has closed 2 complaints against Cawley & Bergmann LLP in the preceding 3 years, one of them in the past 12 months. As of March 2015, the Consumer Financial Protection Bureau (CFPB) has received 5 complaints about C&B. Justia lists at least 4 cases of civil litigation involving Cawley & Bergmann.
Cawley & Bergmann, LLP
117 Kinderkamack Road, Suite 201
River Edge, NJ 07661
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely C&B would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
Absolutely. Here are some Sample Cases
In December 2014, in United States District Court for the District of New Jersey, a judge issued an Opinion in a case alleging C&B had violated several provisions of the FDCPA. In this case, the plaintiffs had brought a class action lawsuit against Cawley & Bergmann and a debt buyer (known in this case as “Fund”) from whom it receives collection accounts. The plaintiffs received letters that allegedly contained language intended to mislead consumers about the amount of money they owed. Specifically, the plaintiffs had acquired a debt from Best Buy, which was sold to Fund, and turned over to Cawley & Bergmann for collection.
The initial collection letter from Cawley & Bergmann indicated the plaintiffs owed $1,984.37. The letter “made no statement regarding interest; it did not disclose, for example, whether interest was accruing, the interest rate, or the portion of the total debt that was attributable to accrued interest or other fees.” The plaintiffs alleged that the debt was accruing interest by citing an earlier collection letter from a different collection agency that showed an amount due of only $1,894.75. The plaintiffs alleged that the letter could lead an unsophisticated consumer “to believe that payment of the amount stated in the letter would satisfy the debt, when in fact interest is accruing and the consumer may still owe additional accrued interest.” Thus, the plaintiff cited violations of FDCPA Sections 1692e (2)(A) and 1692g (a)(1), which prohibit “falsely representing the character, amount, or legal status of a debt…and which requires debt collectors to state the amount of the debt.”
The defendants in this case attempted to have the charges dismissed on several counts. First, Fund attempted to argue that because C&B had sent the letter, Fund should not be held liable for their actions. However, the court cited case law to argue that because Fund and Cawley & Bergmann acted jointly as debt collectors as defined by the FDCPA, denying joint liability was not an acceptable ground to request dismissal. As for the language in the letter, the defendants attempted three different arguments to support their motion to dismiss: that “nothing on the face of the letter is ‘false’ with regard to the amount of the debt”; that the plaintiffs’ claim that the letter was false or misleading “is nothing more than a bizarre and idiosyncratic interpretation”; and that the letter is not subject to the statutes cited by the plaintiffs because the language in the letter offered settlement options, making it a settlement letter rather than a standard collection letter. The court disagreed with all three arguments, indicating that the letter’s omission of certain information and deliberate vagueness with regard to settlement terms provided the plaintiffs with sufficient evidence to state a claim under the FDCPA. C&B and the Fund’s motion to dismiss charges was denied.
Recent Press Release about Lemberg Law filing a lawsuit against Cawley & Bergmann LLP
September 23, 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, Central District of California. The case, against Cawley & Bergmann, charges the debt collector with violating federal law and asks for $1,000 in statutory damages, plus other relief.
Getting a debt collection call can be anxiety-provoking. Getting a threatening debt collection call just makes things worse. That’s exactly what our client says happened when Cawley & Bergmann called him. He says that, when they called, Cawley & Bergmann threatened to take him to court if he didn’t pay off the debt by the end of the day.
The lawsuit charges that Cawley & Bergmann violated the Fair Debt Collection Practices Act (FDCPA) by using false, deceptive, or misleading representation in connection with the collection of a debt; and by threatening to take legal action without actually intending to do so. It also charges that Cawley & Bergmann violated provisions of California’s Rosenthal Fair Debt Collection Practices Act.
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The FDCPA regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt.
The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA). The complaint above illustrates how these laws can be extremely effective tools to hold accountable collection agencies who fail to adhere to their provisions.
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
Seek legal assistance to find the relief you may be entitled to if you are having difficulty resolving disputes with a debt 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 receiving 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.
We can make them STOP!✋
What Our Clients are Saying
“We realize that ours is just one small case among many – and many more serious – but are heartened by the fact that you accepted it and represented us with a professionalism that belied the small dollar amount.”
“If you are unsure about this company…DONT BE!!! They are for real when they say they are here to help you. It only takes a few short minutes of your time to talk to a rep. I was a skeptic, but you did everything you said you would! I can’t say thank you enough!”
”Lemberg Law has saved me from the endless calls, and harassing voicemails. They really do go to bat for you. I didn’t know that debt collection agencies can end up paying your legal bill. What a surprise, to receive free legal help. I’m very grateful for all the hard work they did to finally give me my life back.”
“I won’t be afraid to contact you or recommend your services to others for debt collection difficulties. Please keep up the outstanding work you do, and again, thank you for helping me through this challenging time. I am most grateful.”
We can absolutely help. Call us today.
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