Performant Recovery or Performant Financial Corporation or is an Accounts Receivables Management (ARM) company and collection agency that specializes in collecting delinquent debt for healthcare providers. Performant has received many consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as making false statements and threatening or taking illegal actions. If you have been contacted by Performant,understand your rights before responding.
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According to the Better Business Bureau (BBB), Performant Financial Corporation is a legitimate collection agency founded and incorporated in California in September 1976. The BBB opened its file in March 1981, lists Performant as a collection agency, and indicates a headquarters address in Livermore, CA.
Buzzfile has five separate listings for Performant and its affiliates. Performant Financial Corporation is listed as a management services company with an estimated annual revenue of $159.4 million; Performant Recovery, Inc. is listed as collection agency and has an estimated annual revenue of $31.5 million; Performant Business Services, Inc., is listed as an investment holding company with no annual revenue estimate posted; Performant Technologies, Inc. is listed as an investment adviser with an annual revenue estimated at $36.6 million. All four of these businesses are located at the Livermore headquarters address. The fifth Buzzfile listing is for Performant Recovery in nearby Lathrop, CA, also listed as a collection agency. Together, Buzzfile estimates these companies employ 671 people.
According to its website, Performant’s mission “is to be the best in maximizing revenue, quality and cost integrity for the clients we serve.” Performant offers services in three areas: healthcare, commercial collections, and government. Their healthcare division offers debt collection supported by clinical audits, data mining, and fraud analytics. Their commercial division features first- and third-party collection services and customer care call center outsourcing. Their government division focuses on delinquent student loan and tax obligations.
Performant’s website is entirely client-facing, with no references or links to consumer resources.
The BBB has closed 245 complaints against Performant Financial Corporation in the past three years, with 36 closed in the past twelve months. The majority of complaints have alleged problems with advertising and sales, with most of the remainder fairly evenly split between billing and collection issues and problems with customer service.Since March 2015, the Consumer Financial Protection Bureau (CFPB) has closed 105 complaints against Performant. Justia lists at least 5 cases of civil litigation naming Performant as a defendant.
Performant Financial Corporation
Performant Recovery Inc
333 N Canyons Pkwy., Ste.100
Livermore, CA 94551-9480
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely Performant 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!
Can you help me file a No Fee Lawsuit against Performant Financial Corporation – Performant Recovery Inc?
Absolutely. Here are some Sample Cases
In February 2017, in the United States District Court, Northern District of California, a judge issued an Order in a case alleging violations of the Telephone Consumer Protection Act (TCPA). In this case, originally filed in September 2016, the plaintiff had filed a class action lawsuit against Performant Recovery for allegedly using an “‘automatic telephone dialing system (ATDS)’ when making calls to cellular phones.” The allegation stated that Performant violated the TCPA by placing “autodialed calls to cellular telephone subscribers (a) who had recycled (or reassigned) cellular telephone numbers who have not expressly consented to receiving such calls and/or (b) who have expressly requested not to receive such calls.” In January 2017, Performant filed a motion to stay the proceedings for two reasons. The first was a pending decision in the D.C. Circuit and the Ninth District that may have limited the definition of an ATDS; the second was a decision then before the Federal Communications Commission that would determine whether the statutory definition of the “maximum number of telephone calls that may be made to a debtor [as]…three telephone calls within a thirty-day period… [should or should not include] calls to wrong numbers or reassigned numbers.” During this hearing, the court reasoned that Performant Recovery would have to produce discovery to settle factual disputes regardless of the outcome of either pending decision; that the outcome of either decision was neither imminent nor certain; and that further delays on these grounds would prejudice the plaintiff’s complaint. As a result, Performant’s request for a stay was denied.
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 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 a Debt collection is recorded on illegal charges or taking any other action that is against the law, to speak with a representative directly and immediately call 844-685-9200 for a free, no obligation case evaluation. You have every right to maintain debt collectors accountable, and an attorney can help.
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