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Fenton & McGarvey Law Firm, P.S.C. (F&M) is a law firm based in Kentucky that specializes in third-party debt collection. F&M has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as failure to verify debts and threatening to take actions that cannot legally be taken. If you have been contacted by F&M, understand your rights before taking action.
According to the Better Business Bureau (BBB), Fenton & McGarvey Law Firm, P.S.C. was founded in March 2014, and the BBB established its profile page about 6 months later, in October 2014. F&M is listed as a law firm specializing in collections law and maintains an alternate website at www.fentonmcgarvey.wisebuyingmall.com.
According to its primary website, F&M “was created to assume the long[-]established creditors’ rights and consumer debt collection practice of Morgan & Pottinger, P.S.C.” in an effort to “further the growth and evolution of [their] collections practice [in consideration of the] rapid external changes in the industry.”
F&M “is dedicated to the rights of its creditor clients, including commercial and consumer debt collection[, and] participates in state and nationwide creditor’s bar associations in order to educate, promote, and advance creditors’ rights law.” In addition, F&M “strives to protect the interests of its clients, to maintain robust compliance policies and procedures, and to treat all consumers fairly and with respect.”
F&M’s website does not contain any information about its policies, practices, or the industries it serves. Every page of the site includes a legal disclaimer that states, “This communication is from a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.” However, there is no information about F&M’s regulatory compliance polices and there are no links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed 47 complaints against F&M in the past three years, with 13 closed in the past 12 months. Most of those complaints allege problems with billing and collections. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has received 13 complaints about F&M. Justia lists at least 6 cases of civil litigation involving F&M.
Absolutely. Here are some Sample Cases against Fenton & McGarvey Law Firm.
In December 2016, in United States District Court, Southern District of Indiana, Indianapolis Division, a judge issued an Order in a case alleging violations of the Fair Debt Collection Practices Act (FDCPA). In this case, the plaintiff fell behind on debt payments to Comenity Bank. Initially, Jefferson Capital was hired to collect the debt, and F&M sent letters on their behalf to the plaintiff. F&M’s letters stated, “Please be advised that Fenton & McGarvey Law Firm, P.S.C. has been retained by Jefferson Capital Systems, LLC to collect its account with you,” and that “the ‘original creditor’ for the debts was Comenity Bank.” The “body of the letters made no other references to Jefferson Capital, Comenity Bank, or Fenton & McGarvey.” The plaintiff claimed that the letters failed to sufficiently explain Jefferson Capital’s relationship to the debt; the distinction between Jefferson Capital and Comenity Bank; and Jefferson Capital’s reason for retaining the services of a law firm to collect a debt. As a result, because the letters failed to identify the creditor to whom the debt was owed and could be legally construed as confusing or misleading to the average consumer, the plaintiff alleged that they violated provisions of the FDCPA that require validation of debts owed and prohibit the use of false or misleading information to collect a debt.
The December 2016 hearing was held to determine whether the plaintiff presented enough evidence to certify her complaint as a class action lawsuit. F&M argued that the plaintiff’s complaint lacked commonality with other proposed class members and therefore should not be certified as a class action. The court disagreed, indicating that the sole legal questions common to all proposed class members was whether letters sent to them violated the FDCPA’s provision requiring a validation notice with the name of the creditor; because the absence of that information was common across all letters, F&M’s objection on that count was dismissed. F&M also argued that the letter may not confuse or mislead all of the proposed class members; however, the court clarified that the question of whether language is confusing is not determined by each individual plaintiff’s perceptions, but by an objective assessment of whether the language itself is confusing to a hypothetical “unsophisticated consumer.” As a result, the court certified as plaintiffs in the class action lawsuit, “all persons similarly situated in the State of Indiana from whom Defendants attempted to collect a delinquent consumer debt allegedly owed for a Comenity Bank credit card account, via the same form collection letter that F&M sent to Plaintiff from one year before the date of the Complaint to the present.”
Fenton & McGarvey Law Firm, P.S.C.
2401 Stanley Gault Parkway
Louisville, KY 40223
Telephone (800) 345-0986
Understanding Your Debt Collection Rights
Consumers are protected from abusive debt collectors from the Fair Debt Collection Practices Act (FDCPA). By way of instance, the debt collector must identify himself or herself, who they’re working for, and what debt they’re collecting. The FDCPA claims that debt collectors can’t use any deceptive or misleading representation, like implying the debt is secured by the USA or any particular state. Additionally, they can’t use a badge or uniform to pretend they’re a government employee collecting a debt. Misrepresentation is a violation of the FDCPA and could be reported as such.
In case you’ve been a victim of a debt collector’s wrongdoing, then you can search for justice under the FDCPA. You have the right to pursue a claim against the debt collector; if you prevail, you can collect up to $1,000, plus attorney fees and court costs.
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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