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Oshkosh Collection and Recovery (OCR) is a third-party collection agency based in Wisconsin. OCR has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including failure to verify debts and attempting to collect debts not owed. If you have been contacted by OCR, understand your rights before taking action.
According to the Better Business Bureau (BBB), Oshkosh Collection and Recovery was founded in 1956 and incorporated in 1989. The BBB established OCR’s profile page in 1996. OCR is listed as a collection agency that uses the alternate business name, Financial Recoveries, Inc. Buzzfile estimates OCR’s annual revenue at $1.1 million and the size of its headquarters staff at 14 employees.
OCR’s website displays its alternate business name, Financial Recoveries, Inc. (FRI), prominently at the top of the home page. The home page indicates that Oshkosh Collection & Recovery is the dba (“doing business as”) name of FRI. OCR’s home page does not provide a lot of detailed information about their business practices, stating simply that, “Financial Recoveries, Inc. understands the many challenges facing both businesses and consumers,” and that their “mission is to work with you.”
The Services page states that Oshkosh Collection and Recovery offers “services to a vast array of businesses which range from municipalities and counties to medical facilities, property management companies, banks, credit unions, small businesses, and individuals.” OCR has developed “a variety of successful service offerings that can be adapted to meet each individual business’s needs.” Some of the services provided by OCR include traditional collections; account monitoring and day one collections; pre-collection; and skip tracing.
The bottom of each page of OCR’s website includes the statement, “This communication is from a debt collector. This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.” They also cite membership in the International Association of Credit and Collection Professionals (ACA International) and the Great Lakes Credit and Collection Association (GLCCA). However, they do not provide any information about their compliance policies, and there are no links or references to consumer protection resources, laws, or enforcement agencies.
As of December 2017, the Better Business Bureau (BBB) has closed 2 complaints against Oshkosh Collection and Recovery in the preceding 3 years, one of them in the past 12 months. Both complaints allege problems with billing and collections. Neither the Consumer Financial Protection Bureau (CFPB) nor Justia indicate any complaint activity for either Oshkosh Collection and Recovery or Financial Recoveries, Inc.
Absolutely. Here are some Sample Cases against Oshkosh Collection and Recovery
Both complaints against Oshkosh Collection and Recovery indicate problems resulting from debt verification and account documentation. In April 2017, a complainant indicated she had received a letter stating she owed a balance of $3.00. She returned the invoice with a $3.00 payment and a letter stating the account was paid in full. The delinquent account appeared on her credit report several months later, so she “got a money order and sent them copies of the invoice again stating paid in full.” Subsequently, the complainant received another letter from OCR stating the original letter had contained a “typo and…that she owed them $892.85.” The complainant objected that, “if a bill has a balance due and I pay it in full that should stand. Oshkosh Collection and Recovery can’t change amounts because of their mistake.” In response, OCR stated that the complainant’s original payment and statement of “payment in full” was returned to her…at the address she indicated, explaining the payment does not pay the balance in full… with notification of a printing error on her notice which showed the correct account balance but an incorrect total balance.” The second $3.00 payment was also returned “along with the list of her accounts outlining each balance due.” Oshkosh Collection and Recovery concluded that they would “send the breakdown of charges and the account transaction history …,and that if she has proof of payment showing her balance is only $3.00… that she send that… as soon as possible for review with the client(s).”
In November 2015, a complainant indicated that he received a collection notice from OCR for a bill that is 7 years old. The complainant indicated that the bill was originally from a local medical center, and that he thought he had paid the bill because he had “not seen or heard anything about it in 6 years.” In addition, he had made payments through OK Credit. He allegedly contacted the original creditor, and they had no record of the delinquency. A representative at Oshkosh Collection and Recovery allegedly told him that he has “to prove he does not owe it.” He allegedly requested verification of the debt, but “all they could provide… was the amount.” In response, OCR indicated that “the statute of limitations on an account is six years from date of last payment or last activity on the account. If… there is a judgment on the account, this period is extended to twenty (20) years from the date of the judgment.” As for their failure to provide debt verification, OCR claimed that they “request any proof of payment be sent directly to them to help identify where or if the payment was applied. Oshkosh Collection and Recovery strives to work with the debtors to resolve any discrepancies, but in some cases, they are unable to do so without additional information.”
Here are some past Press Releases of Lawsuits Brought On By Lemberg Law Against Oshkosh Collection and Recovery
December 28, 2015. Arrest is a very serious consequence, one that people don’t take lightly. Being threatened with arrest can naturally cause people intense amounts of worry and anxiety. The Fair Debt Consumer Protection Act (FDCPA) was passed to protect consumers from abuses by debt collectors, including being threatened with arrest for not paying a debt.
Our client claims Oshkosh Collection & Recovery violated the FDCPA by doing just this. He says the debt collectors called him to try to get him to pay a debt. According to our client, Oshkosh Collection & Recovery’s debt collector told him that if he didn’t pay, charges would be filed against him and he would be arrested.
Lemberg Law recently filed suit in U.S. District Court, Northern District of Georgia, on behalf of our client charging Oshkosh Collection & Recovery with violating the FDCPA by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by misrepresenting that our client would be imprisoned if he didn’t pay the debt; by threatening to take legal action without actually intending to do so; by misrepresenting that our client had committed a crime; and by using unfair and unconscionable means to collect a debt. It also charges Oshkosh Collection & Recovery with violating the Georgia Fair Business Practices Act. It asks for statutory damages of $1,000 for violating the FDCPA, plus other relief.
Oshkosh Collection and Recovery
913 Oregon St.
PO Box 160
Oshkosh, WI 54903
Telephone: (920) 233-1122
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 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.
What Our Clients are Saying
“We realize that ours is just one small case among many – and many more serious – but are heartened by the fact that you accepted it and represented us with a professionalism that belied the small dollar amount.”
“If you are unsure about this company…DONT BE!!! They are for real when they say they are here to help you. It only takes a few short minutes of your time to talk to a rep. I was a skeptic, but you did everything you said you would! I can’t say thank you enough!”
”Lemberg Law has saved me from the endless calls, and harassing voicemails. They really do go to bat for you. I didn’t know that debt collection agencies can end up paying your legal bill. What a surprise, to receive free legal help. I’m very grateful for all the hard work they did to finally give me my life back.”
“I won’t be afraid to contact you or recommend your services to others for debt collection difficulties. Please keep up the outstanding work you do, and again, thank you for helping me through this challenging time. I am most grateful.”
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