Fairway Capital Recovery or FCR is a third-party collection agency based in Ohio. FCR has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including attempting to collect debts not owed and threatening to take actions that cannot legally be taken. If you have been contacted by Fairway Capital Recovery, understand your rights before responding.
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Is Fairway Capital Recovery a scam?
According to the Better Business Bureau (BBB), Fairway Capital Recovery, LLC was founded in January 2012. The BBB established FCR’s profile page 4 months later, in May 2012. FCR is listed as a collection agency. Buzzfile estimates FCR’s annual revenue at $1.6 million and the size of its headquarters staff at 11 employees.
According to its website, FCR is “focused on providing services to…clients that enhance the Accounts Receivable Management process…by providing a personal touch and customizing…services…to the specific needs of each client.”
Fairway Capital Recovery’s services are separated into three divisions—third-party collections; consulting; and call center services. FCR’s collections staff is trained to use a three-part process: assist, reveal, and monetize. The Assist team “resolve[s] accounts that are less than 90 days past due quickly and efficiently.” Their Reveal team “conducts…72-hour processing using a proprietary analytical model to qualify existing files.” Finally, the Monetize team engages in “traditional collections utilizing…a full array of tools.”
FCR’s consulting division “assist[s] in setting up…accounts receivable processes in a way that provides the greatest return on…investment” by using front-end process set-up, administration processing; form management; and “right-sized” staffing techniques. FCR’s call centers employ technology to enable call recording, higher call volumes, daily reporting, event and appointment notifications; and phone and letter campaigns.
FCR also boasts state-of-the-art technology. They utilize “the Titanium ORE platform provided by CRSoftware Inc.” to enable custom configuration of processes, including their own choice of vendors and components; enhanced workflows; customized reporting; “ironclad security,” including customized importing, exporting, and scaling; and the Mercury Predictive Dialing system.
The Fairway Capital website does not provide any information about consumer protection laws, resources, or enforcement agencies. Neither their Contact Us form nor their Consumer Portal provide the mandated disclosure that they are a bill collector engaged in efforts to collect debts.
As of February 2018, the Better Business Bureau (BBB) has closed 7 complaints against Fairway Capital Recovery in the preceding 3 years, with 3 complaints closed in the past 12 months. All of the complaints allege problems with billing and collections. As of March 2015, the Consumer Financial Protection Bureau (CFPB) has received 6 complaints about FCR. Justia lists at least 1 case of civil litigation involving Fairway Capital Recovery.
Absolutely. Here are some Sample Cases filed in Federal Court
Complaints against Fairway Capital Recovery cite a tendency toward aggressive and hostile conduct by collection agents. For example, in August 2015, a complainant indicated that he had tried to contact an FCR representative to dispute a debt. He allegedly called several times, but “was hung up on by at least 2 representatives…and was also informed that [he] couldn’t dispute the charges and…[that his] account was valid.” After persisting in his efforts, he ultimately reached a manager to discuss the nature of his dispute. He “tried to speak with the manager…[but] was placed on hold for several minutes…and left a voicemail that still has not been returned.” The complainant alleged that the Fairway Capital Recovery “associates…are rude and argumentative…[and] interested only in collecting money, rather than resolving an issue.” Despite calling “several times to resolve…the issue, [he] was treated as if [he] were a number rather than a person… and was dismissed as if [he] were a deadbeat.” In response, FCR replied that the bill in question was “for charges outstanding when the complainant vacated [his] apartment.” FCR indicated that both the complainant and the original creditor “believe that they are correct, so they have returned the account to the client as…disputed.”
Similarly, in April 2015, a complainant indicated that an FCR representative had been leaving messages for him “about a gentleman that he was trying to collect a debt” from. The complainant called Fairway Capital Recovery to have his number removed from their system, and the FCR representative allegedly “became belligerent, nasty, and downright rude, and instead of asking… for the complainant’s number (which it became apparent he had on caller ID) he wanted details” about the person who owed the debt. After the call ended, the complainant called back and asked for a manger. Initially, the Fairway Capital Recovery representative hung up. The second time the complainant called back, he was placed on hold. The third time, the complainant indicated the FCR representative was “getting nastier and ruder, which was completely uncalled for and unwarranted.” When the complainant finally made contact, the manager allegedly told him to “‘Take a chill pill.’” Fairway Capital Recovery did not provide a public response to this complaint.
Fairway Capital Recovery, LLC
4000 Executive Park Dr., Suite 300
Cincinnati, OH 45241
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 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.
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