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Nelson & Kennard (N&K) is a law firm based in Northern California that specializes in third-party debt collection. N&K has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as failure to verify debts and attempting to collect debts not owed. If you have been contacted by N&K, make sure you understand your rights before responding.
According to the Better Business Bureau (BBB), Nelson & Kennard was founded in 1976. The BBB established a profile page for Nelson & Kennard in 1993 lists them as a law firm. Buzzfile estimates N&K’s annual revenue at $4.4 million and the size of its staff at 40 people.
N&K’s website consists of one page that provides the company’s name, address, and phone number. There is a legal disclaimer at the bottom of the page that states, “This firm is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Calls may be monitored and are recorded.”
The BBB has closed 10 complaints against Nelson & Kennard in the past three years, with 2 closed in the past 12 months. All of those complaints allege problems with billing and collections. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has received 8 complaints about N&K. Justia lists at least 9 cases of civil litigation involving Nelson & Kennard .
Absolutely. Here are some Sample Cases against Nelson & Kennard
Complaints against Nelson & Kennard often cite problems resulting from aggressive letter writing campaigns to collect high-balance judgments. In May 2017, a complainant indicated that several years previously he had noticed an item on his credit report in the amount of $2,000. He disputed the item as the result of fraud by writing letters to the credit reporting agencies and writing letters and making phone calls to Nelson & Kennard . At the time of the complaint, the complainant had received a summons to appear in Superior Court without any previous indication that the matter had not been resolved. The complainant alleged that he was “being constantly harassed by these vicious attorneys who continue to claim they are not receiving my documents,” despite his having received proof of delivery from the U.S. Postal Service. Furthermore, he alleged that neither Nelson & Kennard nor the creditor had produced any documentation to verify the debt. The complainant indicated that the harassment had become so intense that he had sought legal representation.
In December 2016, a complainant indicated that Nelson & Kennard had taken all of his money from both his checking and savings accounts, leaving him with zero balances, apparently without having sent notifications of judgement or writs of garnishment. The complainant contacted N&K and discovered that the delinquency they were trying to collect was the result of a car loan for which the complainant was too young to have qualified at the time the loan was signed. Nelson & Kennard requested images of the complainant’s mother’s driver license, a social security card, and five copies of his signatures, which he provided. Regardless, N&K still insisted he would have to wait for a fraud packet to be mailed to him before they could take the “next steps.” The complainant indicated there may have been confusion between his financial activity and that of his father, who shares a similar name; however, he could not understand how N&K could refuse to act after he had proven it was not possible for him to have taken out the car loan. Nelson & Kennard also charged the complainant a $120 legal fee in addition to the sums they withdrew from his bank account.
In October 2016, a complainant indicated he had been making $700-per-month payments on a debt that had been transferred to Nelson & Kennard, but after 5 months he had not received any notification regarding the accounting of his outstanding balance. He made several phone calls and wrote letters and continued to make payments but ultimately informed them that if they failed to communicate, he would stop making payments. After 18 months, he stopped payments as he had indicated in his correspondence and did not hear anything for an additional 15 months. Then he received a summons to appear in court accompanied by a letter that claimed Nelson & Kennard had tried to contact him by phone and by mail. Especially because the complainant had never expressed an unwillingness to make payments, he found such conduct by a law firm to be extremely inappropriate.
Nelson & Kennard
2180 Harvard Street, Suite 160
Sacramento, CA 95815
Telephone: (866) 920-2295
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, 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.
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.
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