Holloway Credit Solutions , LLC (HCS) is a third-party collection agency based in Alabama. HCS has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), such as attempting to collect debts not owed and misrepresentation. If you have been contacted by HCS , make sure you understand your rights before taking action.
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According to the Better Business Bureau (BBB), Holloway Credit Solutions, LLC is a legitimate collection agency, founded in 1900 and incorporated in 1999. The BBB established its profile page in 1988. HCS is listed as a collection agency and a credit reporting agency.
According to its website, HCS’ “best-in-class technology and expertise allow them to accelerate cash flow and increase recovery, while managing…clients’ portfolios within the guidelines of their policies and procedures, and those of different payors.”
HCS collects delinquent debts for medical, commercial, education, utility, and retail lenders. HCS has extensive experience collecting delinquent medical bills, with a “physician portfolio that ranges from sole practitioners to systems in excess of 1,500 doctors… and a hospital base that ranges from critical access centers to academic medical centers ranked among the top 20 largest and best equipped in the nation.” Specific services include self-pay early out, bad debt, batch eligibility, and presumptive charity.
HCS’ commercial collection division services industry credit groups with “a complete and fully customizable package of business-to-business transactions” using Experian Business Credit Services. HCS’ education division offers a “comprehensive suite of bad debt products” for elementary to postsecondary educational institutes. HCS’ utility division “obtains the most accurate demographic information… to contact…accounts without regard to balance or age,” and its “retail clients have the flexibility to choose whether or not to use consumer credit reporting, as well as the legal process.”
HCS’ compliance page cites adherence to all major regulatory laws, including PCI, the Affordable Care Act, HIPAA, the FCRA, the FDCPA, and Medicare Cost Reporting. However, there are no links or references to consumer protection resources, laws, or enforcement agencies.
As of October 2017, the BBB has given HCS a rating of B-. In the past three years, the BBB has closed 27 complaints against HCS, with 11 closed in the past 12 months. Most of the complaints allege problems with billing and collection. Since May 2015, the Consumer Financial Protection Bureau (CFPB) has received 25 complaints against HCS. Justia lists at least 4 cases of civil litigation naming HCS as a defendant.
Holloway Credit Solutions, LLC
1286 Carmichael Way
Montgomery, AL 36106-3645
Telephone: (334) 396-1200
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely HCS 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
In February 2009, in United States District Court for the Middle District of Alabama, Eastern Division, a judge issued a Memorandum Opinion and Order in a case alleging several violations of state and federal laws. In this case, an individual who had incurred a debt for medical treatment was mistakenly identified by a collection agency as the plaintiff. This erroneous information was passed on to HCS when the delinquent debt was sold. HCS continued to pursue debt collection activity against the debtor, but the information they had identified him as the owner of real estate that really belonged to the plaintiff, who had not incurred the original debt. HCS “filed suit in the District Court of Tallapoosa County against the debtor, again using the plaintiffs’ address …and obtained a default judgment against the debtor and recorded it in the Tallapoosa County Probate Office as a judgment against” the plaintiff. “The judgment created a lien against the plaintiffs’ property, and they alleged that they “learned of the judgment when, in March 2005, they were denied a loan because of the outstanding judgment. They further allege that the delay of their loan application required them to file for Chapter 7 bankruptcy protection.” The February 2009 hearing was in response to HCS’ motion to remove “the action to federal court…alleging federal question jurisdiction.”
Holloway Credit Solutions attempted to have the case tried in federal court by citing the plaintiffs’ allegation that HCS had violated the FCRA by reporting inaccurate credit information to the credit reporting agencies as a result of the lien wrongfully placed on their property. Because the FCRA is a federal law, HCS argued that the state court did not have jurisdiction to make a determination regarding liability or awards. The court disagreed, indicating that although the plaintiffs cited the FCRA in referring to the damaging information that appeared on their credit report, “there was no diversity of citizenship issue and… the state court complaint brings only state law claims of negligence, wantonness, breach of contract, and slander of title.” As a result, the entire case was remanded back to “the Circuit Court of Tallapoosa County, Alabama…for lack of subject matter jurisdiction…where… pending motions are left for resolution.”
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are federal laws that regulate how collection agencies may conduct themselves.
The FDCPA prohibits actions such as the use of abusive or threatening language; or the use of false or misleading information to collect a debt.
The FCRA regulates how collection agencies report information to credit reporting agencies.Additional consumer protection laws include the Consumer Financial Protection Act (CFPA) and the Telephone Consumer Protection Act (TCPA).
The complaints above illustrate why it is important to understand your rights and responsibilities under these laws when attempting to communicate with collection agencies.
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers to recover damages of up to $1,000, plus attorney fees and court costs, in cases proving violations of the FDCPA. Seek legal assistance if you are having difficulty resolving a dispute with a 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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Chances are good that we can help. Call us today and we’ll explain.
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