- Who is Love Beal & Nixon PC?
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- How Can I Deal with Love Beal & Nixon PC?
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Love, Beal & Nixon, P.C. (LBN) is a law firm based in Oklahoma that specializes in third-party debt collection. LBN has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as improper sharing of information and threatening to take actions that cannot legally be taken. If you have been contacted by LBN, make sure you understand your rights before taking action.
According to the Better Business Bureau (BBB), Love, Beal & Nixon, P.C. was founded in October 1988, and the BBB established its profile page ten years later, in August 1998. They are listed as a law firm. Buzzfile estimates LBN’s annual revenue at $10.2 million and the size of its headquarters staff at 90 people.
LBN’s website does not provide a lot of information about the company or its policies or practices. Their Home page identifies them as a law firm “focusing on debt collection and litigation in Oklahoma.” In addition, there is a standard legal disclosure identifying them as a “debt collector attempting to collect a debt,” and that “any information obtained will be used for that purpose.” There is a “Make a Payment” button that links to their online payment portal, and links to four additional pages: Payment Options, Memberships, About Us, and Contact Us.
The About Us page provides a simple list of services, which include “credit cards, auto deficiency, student loans, personal loans, apartment & rental leases, debt collection, commercial collection, medical collection, garnishment, judgment enforcement, litigation, creditors rights, accounts receivable consulting, skip tracing, and asset location.”
The Memberships page indicates Love, Beal & Nixon PC is affiliated with 7 professional organizations: the National Association of Retail Collection Attorneys (NARCA); ACA International; the American Bar Association; the Oklahoma Bar Association; the Oklahoma County Bar Association; the AACA American Alliance of Creditors Attorneys; and the National List of Attorneys. The Payment Options page provides a link to the online payment portal and directions for making telephone or mail payments. The Contact Us page provides a mailing address, phone number, and email link.
There are no notices of consumer rights and no links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed five complaints against Love, Beal & Nixon, P.C. in the past three years, with none closed in the past 12 months. Four of the five complaints allege problems with advertising and sales; the other alleges problems with customer service. Since June 2015, the Consumer Financial Protection Bureau (CFPB) has received 11 complaints about LBN, and Justia lists at least seven cases of civil litigation involving LBN.
Absolutely. Here are some Sample Cases against Love, Beal & Nixon, P.C.
In July 2015, in United States District Court for the Northern District of Oklahoma, a judge issued an Opinion and Order in a case alleging violations of the Fair Debt Collection Practices Act (FDCPA). In this case, the plaintiff was an employee of Best Buy electronics store at the time of the original violation. A Love, Beal & Nixon, P.C. representative had conducted research to determine potential places of employment for a “judgment debtor,” which is a legal term for or a consumer with a past due bill in collections that has been resolved by issuing a writ of garnishment. The judgement debtor was identified as a Best Buy employee, and the LBN representative responsible for serving the writ of garnishment had her name, a social security number, and an employer. The LBN representative “believed it was possible that the judgment debtor was employed by Best Buy,” and found an individual who had the same name as the judgement debtor, although she was unable to make a definitive identification. Although the LBN representative admitted that obtaining a credit report would have provided “the most accurate information” about the judgement debtor, she did not obtain a report “because LBN trained her that ‘it cost money to order a credit report, so if we have a strong belief on information, we try to avoid that.’” Regardless, Love, Beal & Nixon, P.C. served the writ of garnishment on Best Buy, who processed the writ and withheld $500.00 from the plaintiff’s paycheck. Although the plaintiff was the individual named in the writ of garnishment, she was not the individual responsible for the outstanding bill. The plaintiff filed a complaint with Best Buy’s human resources department, who communicated to LBN that they were garnishing the wrong person’s wages. Best Buy’s payroll service was outsourced to another company, ADP, who ultimately refunded the money withheld from the plaintiff’s paycheck. When the plaintiff made inquiries to find out why her paycheck had been unlawfully garnished, ADP and LBN both blamed Best Buy.
The July 2015 hearing was held to determine whether LBN had violated the FDCPA as a result of processing an unlawful wage garnishment. LBN argued that the FDCPA does not apply because the garnishment was processed by Best Buy, and even if Love, Beal & Nixon, P.C. had violated the FDCPA in issuing the garnishment, they were not liable because the mistake was a result of a bona fide error. The court cited case law that demonstrates that in cases of garnishment, the creditor—in this case Love, Beal & Nixon, P.C.—and not the employer, is ultimately responsible for the accuracy of the information in a writ of garnishment. Furthermore, because a bona fide error is defined as a “violation that was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error,” the court did not find that LBN had established “by a preponderance of the evidence, that Love, Beal & Nixon, P.C. made an unintentional, bona fide error under” the FDCPA. As a result, LBN’s motion for summary judgement opposing the plaintiff’s charges was denied.
Love, Beal & Nixon, P.C.
6621 N. Meridian Ave.
Oklahoma City, OK 73116
Telephone: (405) 720-0565
Understanding Your Debt Collection Rights
The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are federal laws that regulate the collections industry. The FDCPA prohibits actions such as using tactics intended to harass, oppress, or annoy consumers. 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). These laws are enforced by federal agencies such as the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The complaints above illustrate why it is important to understand your rights and responsibilities under these laws when you are attempting to communicate with collection agencies.
In addition, these laws 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 trying to resolve 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 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.
What Our Clients are Saying
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