Genpact Services, LLC is a global business services provider with a division that specializes in third-party debt collection. Genpact has received complaints from consumers alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as using inappropriate communication tactics and attempting to collect debts not owed. If you have been contacted by Genpact regarding a delinquent debt, make sure you understand your rights before responding.
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The Better Business Bureau’s (BBB) profile page for Genpact Services provides only minimal information about this company under the Business Information tab. Genpact is listed as a business services company with a BBB file that was opened in 2014. A second, unrated BBB listing for Genpact identifies them as a collection agency with a BBB file that was opened in 2009. Buzzfile estimates Genpact’s annual revenue at $384.2 million and the size of its headquarters staff at 130 employees, with a total staff of 2,300 at all locations.
According to its website, Genpact “is a global professional services firm that makes business transformation real.” Genpact employs “digital-led innovation and digitally-enabled intelligent operations for… clients, guided by…experience running thousands of processes for hundreds of Global Fortune 500 companies…to solve problems with data and analytics.” Genpact “began in 1997 as a business unit within General Electric,” then became an independent company in 2005. In 2012, Bain Capital became Genpact’s largest shareholder, and now Genpact reports a staff of over 77,000 employees worldwide and annual revenues of $2.57 billion. Genpact Services has offices throughout the world.
Genpact Services offers digital business management services to a wide variety of industries, including aftermarket services; analytics; BPaaS; collections; enterprise application services; finance and accounting; human resource services; industrial solutions; IT infrastructure services; IT managed services; learning and MarComm services; master data management; media services; omnichannel customer services; procurement; risk and compliance services; supply chain management; and transformation and consulting.
Genpact’s collections division focuses on “process efficiency and effectiveness …with a multilingual staff that manages a collections portfolio of over $10 billion.” Genpact’s collections division offers early-stage collections with inbound and outbound calls for delinquencies of not more than three months; late stage collections with a staff that makes over 45,000 contacts per day; specialized services for bankruptcy, cell phone and SMS opt-out accounts, and cease and desist review; and support functions that include audits and corporate governance. Genpact’s wide-ranging site does not offer links or references to consumer protection resources, laws, or enforcement agencies.
The BBB’s unrated profile page indicates they have closed 6 complaints against Genpact Services in the preceding 3 years; the second BBB profile page for Genpact does not contain any reviews or complaints. Most of the complaints allege problems with billing and collections. Since March 2016, the Consumer Financial Protection Bureau (CFPB) has logged 3 complaints Justia lists at least 12 cases of civil litigation involving Genpact.
Absolutely. Here are some Sample Cases filed in federal court
In April 2013, in United States District Court, Southern District of California, a judge issued an order in a case alleging Genpact had violated provisions of both the state and federal Fair Debt Collection Practices Acts (FDCPA). In this case, the plaintiff had acquired a department store debt with GE Money Bank. After he defaulted on the debt, and GE Money Bank was unsuccessful in its attempts to pursue collection, the debt was assigned to Genpact Services LLC. The plaintiff originally filed a complaint after Genpact placed “150 telephone calls to the plaintiff within a 51-day period in an attempt to collect” the debt.
The plaintiff cited violations of Sections 1692d and 1692d(5) of the federal FDCPA and Sections 1788.11(d), 1788.11(e), and 1788.17 of the California state FDCPA. The two federal sections prohibit debt collectors from engaging “in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.” Section 1692d(5) specifically prohibits debt collectors from “causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.” The state FDCPA sections require debt collectors to comply with the federal FDCPA. Section 1788.11(e) specifically prohibits debt collectors from “communicating, by telephone or in person, with the debtor with such frequency as to be unreasonable and to constitute an harassment to the debtor under the circumstances.”
The April 2013 hearing was held to determine a ruling on Genpact’s motion for summary judgement against the plaintiff. Genpact Services argued that they should not be held liable for violation of either the federal or state laws cited in the case. They reasoned that they had never made any actual contact with the plaintiff, and that this absence of contact was the reason for the excessive number of phone calls. The court disagreed that not reaching the plaintiff could justify making as many call attempts to the plaintiff as Genpact’s collection staff had made. The FDCPA indicates that not only the content of calls, but also the number, frequency, and pattern of calls, can constitute a violation. Although the court upheld Genpact’s objection regarding the state FDCPA Section 1788.11(e), which requires that the debt collector actually communicate with the consumer, their motions for summary judgment regarding all other alleged violations were denied, and the plaintiff was granted the right to pursue his claim.
Genpact Services LLC
P.O. Box 1969
Southgate , MI 48195
Understanding Your Debt Collection Rights
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!✋
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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