FMS, Inc. is a third-party collection agency based in Oklahoma that has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including making false statements and attempting to collect debts not owed. If you have been contacted by this debt collector, make sure you understand your rights before responding.
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According to the Better Business Bureau (BBB), FMS, Inc is a legitimate collection agency founded and incorporated in 1993. The BBB established a profile page for FMS in 1996. They have an estimated 200 employees.
According to its website, FMS serves “clients across the nation from multiple call centers, consistently delivering industry leading collection results and customer support.” FMS states that its mission is “to be a dominant full-service collection company…by offering a high level of opportunity to…employees and by maintaining an unparalleled level of integrity, professionalism, productivity, and profitability in… business relationships.”
FMS offers a full range of collection services, including first-party early stage collections; first- and third-party collection programs; third-party contingency recovery programs; early out pre-charge off programs; early and late stage recovery programs; a state-of-the-art automated skip tracing process; collection letter series; delinquent consumer and commercial collection programs; post default collections for educational and governmental agencies; and delinquent consumer or commercial calls for financial services providers.
FMS collects debts for a wide variety of businesses and industries, including medical and healthcare providers; financial services providers; bank credit cards; retail credit cards; utility companies; telecommunications companies; educational and governmental agencies; check recovery services; and commercial creditors.
FMS Customers page displays state-mandated legal disclosures. Their Professional Affiliations page lists memberships with several trade associations, including The International Association for Credit and Collection Professionals (ACA International). They also provide information about their auditing and compliance policies.
The BBB has closed 32 complaints against FMS Inc in the preceding 3 years, with 5 complaints closed in the past 12 months. Most of those complaints alleged problems with billing and collections, although many of those complaints also alleged problems with customer service. Since June 2015, the Consumer Financial Protection Bureau (CFPB) has closed 5 complaints against. Justia lists at least 5 cases of civil litigation involving FMS.
PO Box 707600
Tulsa, OK 74170-7600
Telephone: (918) 747-4884
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely FMS 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!
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Absolutely. Here are some Sample Cases filed in Federal Court
Complaints against FMS commonly cite problems resulting from disputes about the validity of debts or communication tactics. In January 2018, a complainant indicated he had submitted a complaint on behalf of his mother, who had been receiving calls from FMS “commencing a little after 8:00 a.m., CST and up until 9:00 p.m.” She had been receiving 2 to 3 calls per day. The complainant indicated his mother had no outstanding bills or past due or delinquent accounts. In addition, the complainant had sent a Cease and Desist letter to FMA in December 2017, but the calls continued. The complainant stated that FMS “has ignored the reasonable request and Cease and Desist Telephone Contact, which is a direct violation of the Fair Debt Collection Practices Act,” and that “unless FMS, Inc. has verifiable proof …of delinquent accounts, their telephone calls are in violation of federal and state laws.” In response, FMS indicated that the “telephone number provided has been blocked in …their system,” and that the complainant should direct any further questions to their customer service office. The complainant accepted the resolution, but indicated that if, “from January 9, 2018 and beyond…he discovers there are any further calls from this third party collection agency, …then legal action will commence.”
In March 2017, a complainant indicated that FMS sent collection notices to him in an effort to collect a debt from 2003 that had been discharged in bankruptcy in 2014. The complainant indicated he had “sent…bankruptcy papers, attorney information and a letter by certified mail as requested.” He had also “called multiple times with no response.” The complainant stated that as a direct result of FMS actions, he is “unable to return items at Walmart because… he is blocked in the Walmart system… because of a 2003 debt” FMS says he owes. The complainant charged that FMS is in violation of bankruptcy laws and “have caused a great inconvenience when trying to return items at Walmart.” In response, FMS stated that they had spoken with the complainant about the debt, and he had told them he had filed a bankruptcy. FMS had allegedly requested verification. They also stated that they had received verification of the bankruptcy and had closed and returned the file to Walmart. The complainant rejected the attempted resolution, stating he had requested a letter indicating the account had been closed and that there would be no further collection activity. In their reply, FMS indicated that they had mailed the letter as requested.
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.
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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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