FirstPoint, Inc. is a third-party collection agency based in North Carolina. FirstPoint has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), such as attempting to collect debts not owed and making false statements. If you have been contacted by FirstPoint, make sure you understand your rights before taking action.
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They’re legit. According to the Better Business Bureau (BBB), FirstPoint, Inc. is a legitimate collection agency founded and incorporated in North Carolina in 2000.The BBB opened its file at the same time. FirstPoint is listed as a corporation; collection agency; consumer finance and loan company; and background and employment screening service. FirstPoint “offers background screening, accounts receivable management and collections, Equifax credit and mortgage solutions, business credit reports and mystery shopping.” FirstPoint uses the alternate names FirstPoint Collection Resources, Inc.; FirstPoint Information Resources; FirstPoint Mortgage Resources; Insight; Mosaic Revenue Solutions; Consumer 1st; and Mosaic Finance Solutions.
According to its website, FirstPoint “is a leading national provider of information and operation services, offering Equifax credit solutions, revenue cycle management, decision data and organizational management.” FirstPoint’s mission “is to provide the highest level of solutions with a focus on compliance, integrity, innovation, and a stellar customer experience.”
In addition to collection services, FirstPoint offers background screening, management resources, and acts as an Equifax sales agent. FirstPoint’s collection services “include bad debt collections, extended business office services, flexible patient finance plans, early delinquency programs and call center management.” They offer these services to public utility agencies; education lenders; financial services companies; healthcare providers; and local, state, and federal government agencies. Their collection division also offers extended business office and call center management.
FirstPoint’s website is entirely client-facing and does not contain links or references to consumer resources or information about compliance with consumer protection laws such as the Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA).
In the past three years, the BBB has closed 52 complaints against FirstPoint, with 13 closed in the past twelve months.Most of the complaints alleged problems with advertising and sales, with a large number of complaints also focused on billing and collections issues. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has closed 38 complaints against FirstPoint, and Justia lists at least 2 cases of civil litigation naming FirstPoint as a defendant.
225 Commerce Place
Greensboro, NC 27401
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely FirstPoint 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 Filed in Federal Court
In May 2017, in the United States District Court for the Middle District of North Carolina, a judge issued a Memorandum and Order in a case alleging violations by FirstPoint of federal and state debt collection laws. The plaintiff filed a class action suit against FirstPoint for its violation of provisions of the FDCPA and the North Carolina Collection Agency Act (NCCAA). In this case, the plaintiff had discharged a debt via a Chapter 7 bankruptcy in October 2014. In March 2015, FirstPoint representatives contacted the plaintiff in an attempt to collect the discharged debt. The plaintiff filed the complaint in this case in October 2015 alleging violations of the FDCPA, the NCCAA, and asking for temporary and permanent injunctive relief. FirstPoint argued for dismissal of all charges “for lack of subject matter jurisdiction and…for failure to state a claim.” The central issue in this case was FirstPoint’s insistence that neither the FDCPA nor the NCCAA applied because the complaint referred to a debt discharged in bankruptcy, and that therefore U.S. Bankruptcy Code had jurisdiction. However, the plaintiff claimed that because the debt had been discharged in bankruptcy, it was no longer eligible for collection activity. As a result, FirstPoint violated the FDCPA and the NCCAA by attempting to collect ineligible debts; whether the debt was rendered ineligible for collection via bankruptcy, payment, or statute of limitations expiration is irrelevant. The court agreed and in both cases, FirstPoint’s move to dismiss charges was denied.
FirstPoint also attempted to argue for dismissal by claiming that because they do not hold a license to collect debts with the North Carolina Department of Insurance, they are not technically a debt collector; therefore, the FDCPA and the NCCAA are not applicable to their conduct. The court disagreed citing the absence of any provision in the FDCPA requiring licensure as a requirement to be legally considered a debt collector. Furthermore, the fact that they did not have a license to collect debts in North Carolina may indicate a violation of the NCCAA. The court also dismissed FirstPoint’s argument that the plaintiff did not suffer an “injury-in-fact,” citing FirstPoint’s threats of damage to the plaintiff’s credit rating and her subsequent stress, emotional and psychological anguish, and a need to file a lawsuit. However, the court dismissed the plaintiff’s request for temporary and injunctive relief, indicating they are not available as an individual cause of action in the context of the current case, but may be included in her Prayer for Relief in subsequent proceedings.
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.
You may have a case, if…
- 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, a 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.
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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 NOW.
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