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Overton, Russell, Doerr, and Donovan or ORDD is a third-party collection agency based in New York state. ORDD has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including misrepresentation and attempting to collect debts not owed. If you have been contacted by Overton, Russell, Doerr, and Donovan, make sure you understand your rights before responding.
According to the Better Business Bureau (BBB), Overton, Russell, Doerr, and Donovan, LLP is a collection agency. ORDD maintains a secondary website at www.ordlaw.com, but as of October 2017, that site is inaccessible. The BBB does not indicate a founding date for this company, but they established their profile page in 2001. The BBB has posted an Alert warning consumers about ORDD’s business practices. Buzzfile indicates ORDD was founded as Overton, Russell, and Doerr in 1981, estimates their annual revenue at $3.3 million, and the size of their staff at 25 people.
The publicly accessible website for ORDD is located at https://payordd.123fastpay.com. This site is “a secure payment portal for making online payments” for consumers who have received collection notices form ORDD. The site has five tabs: Home, Payment, Confirmation, Receipt, and Contact Us.
The Home page does not provide any information about Overton, Russell, Doerr, and Donovan, LLP. Instead it merely identifies the site as a secure payment portal and provides the mandated legal disclaimer, “This is a web site of a collection agency. This is an attempt to collect a debt. Any information obtained will be used for that purpose.” The Payment, Confirmation, and Receipt tabs are identical and share the same web address. They contain text boxes for consumer’s payment and contact information. There are no legal disclosures on any of these pages. The Contact page provides a mailing address and two sets of phone numbers—one for the medical and one for the commercial collections departments.
The site contains no consumer resources, and no links or references to consumer protection laws or enforcement agencies.
As of October 2017, the BBB has given Overton, Russell, Doerr, and Donovan, LLP. a rating of F. The BBB has posted an Alert indicating ORDD has not responded to requests for “proof of licensing required by any state in which the business operates.” The BBB has closed 15 complaints against ORDD in the past three years, with 3 closed in the past 12 months. All of the complaints allege problems with billing and collections. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has received 29 complaints about ORDD. Justia lists at least 4 cases of civil litigation naming Overton, Russell, Doerr, and Donovan, LLP. as a defendant.
Absolutely. Here are some Sample Cases against Overton, Russell, Doerr, and Donovan, LLP.
The BBB has posted an Alert on the profile page of Overton, Russell, Doerr, and Donovan, LLP. that reads, in part:
“BBB has seen a major increase in collection agencies starting business in the Upstate New York area over the past several years. In an effort to keep consumers informed about which collection agencies are operating in accordance with federal and state law, we have asked for specific information from all collection agencies located in our service area, including proof of licensing, bonding, and or registration required by NY state or other governments where the business is located, as well as proof of licensing required by any state in which the business operates. This collection agency has not responded to our requests. BBB advises consumers to be aware of their rights in regard to collections. This includes New York State law prohibiting any collection agency from collecting on Payday loans in the State of New York.”
In June 2013, in United States District Court, Western District of New York, a plaintiff brought a complaint against ORDD for alleged violations of the Fair Debt Collection Practices Act (FDCPA). In this case, the plaintiff had incurred and defaulted on a debt, and in October 2011, Overton, Russell, Doerr, and Donovan, LLP. began contacting him regarding repayment. At some point, the plaintiff notified ORDD that he was going to record telephone conversations between them, and the plaintiff alleged that ORDD told the plaintiff he was not authorized to do so.
The plaintiff alleged that because in New York State “there is no requirement that a party to a conversation have the consent of the other party in order to record the conversation,” ORDD’s statement to the contrary constituted a violation of the FDCPA’s prohibition against the use of “any false, deceptive, or
misleading representation or means in connection with the collection of any debt.” Overton, Russell, Doerr, and Donovan, LLP. requested the charges be dismissed because the plaintiff had not stated a plausible case for relief and requested that sanctions be imposed on the plaintiff for bringing the charges frivolously and in bad faith. The plaintiff requested permission to amend his complaint to “clarify that [ORDD’s] statement regarding recording was unsolicited and not in response to a question by the plaintiff.” The court denied both of ORDD’s requests and granted the plaintiff’s request to amend his complaint prior to further mediation.
Overton, Russell, Doerr, and Donovan, LLP
P.O. Box 437
Clifton Park, NY 12065
Telephone: (888) 708-5088
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 receiving 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.
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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