Premier Credit of North America LLC or PCNA is a third-party collection agency based in Indiana. PCNA 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 Premier Credit of North America, make sure you understand your rights before responding.
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According to the Better Business Bureau (BBB), Premiere Credit of North America, LLC is a legitimate collection agency, founded and incorporated in 1999. The BBB established a profile page for PCNA in 2008. PCNA is listed as a collection agency. Buzzfile estimates PCNA’s annual revenue at $55.7 million and the size of its headquarters staff at 280 people, with an estimated 480 total employees at all locations.
According to its website, Premiere Credit of North America is “a leading national accounts receivable management firm…successfully managing more than two million accounts valued at nearly $17 billion” and has made a “commitment to perform at the highest level of compliance in all areas…while generating excellent recovery results.” PCNA’s “management team…combines the best of experience and expertise with a proven record of accomplishments in leading industry practices.”
Premiere Credit of North America is a full-service collection agency that utilizes the Flexible Automated Collections System (FACS) as its “core collection system…enabling customized and consistent collection methodology, data security, telecommunication functionality, and complete contact monitoring for both written and phone correspondence.” In addition, PCNA’s “dedicated team of accounts receivable… management…professionals provide industry-leading analytics; …and dedicated client service representatives.” PCNA also provides customized client reports, including average payment size; batch and aggregate liquidation rates; batch tracking; calls per account; contact rate; conversion rates; payment amount per contract; and skip tracing efforts and results.
Premiere Credit of North America provides collection services for a “wide range of debt asset classes, including college and university tuition and accounts receivable; federal student loans; healthcare receivables; private student loans; federal, state, and municipal debt; and utilities.
Premiere Credit of North America employs a “culture of compliance” in which “associates, supervisors, and managers undergo training…about the many laws and regulations that govern our industry, including” the Consumer Credit Protection Act; the Fair Debt Collection Practices Act (FDCPA); the Fair Credit Reporting Act (FCRA); the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Telephone Consumer Protection Act (TCPA); the Gramm-Leach Bliley Act (GLBA); the Higher Education Act of 1964 (HEA); and the Privacy Act. Their Consumer Resources page includes several links to consumer debt websites.
The BBB has closed 97 complaints against Premiere Credit of North America in the preceding 3 years, with 28 complaints closed in the past 12 months. Most of the complaints allege problems with billing and collections. The Consumer Financial Protection Bureau (CFPB) has not posted any complaint data about PCNA. Justia lists at least 20 cases of civil litigation involving PCNA.
Premiere Credit of North America, LLC
2002 Wellesley Boulevard, #100
Indianapolis, IN 46219-2417
Telephone: (317) 322-3630
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely PCNA 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!
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Absolutely. Here are some Sample Cases
In January 2015, in United States District Court, Southern District of California, a judge issued an Order in a case alleging Premiere Credit of North America had violated state and federal FDCPA provisions. In this case, PCNA was identified as “an accounts receivable contractor authorized to perform collection activities on defaulted student loans on behalf of” Educational Credit Management Corporation (ECMC), a loan guarantor providing “services to the United States Department of Education (ED).” Specifically, in December 1983, a federal student loan was issued to someone identified as the plaintiff. The loan became delinquent, and in October 1985, a final notice was sent to the plaintiff. When the delinquency lapsed into default, the loan was transferred to the California Student Aid Commission (CSAC), and in April 1991, CSAC obtained a judgment on the loan. In September 2009, the loan was transferred to ECMC, who “initiated administrative wage garnishment actions against” the plaintiff. In March 2012, PCNA sent a notice of wage garnishment to the plaintiff. In April 2012, the plaintiff sent Premier Credit of North America an unsigned letter requesting a hearing and stating that he objected to the wage garnishment on the grounds that it “would be an extreme financial hardship” and “that he did not owe the debt.” At a September 2012 hearing, ED issued a decision regarding the garnishment, “finding that he had presented insufficient evidence to prove that he did not owe the debt,” and in October 2012, informed the plaintiff that they would continue collection activity. At the January 2015 hearing, the plaintiff alleged “that he was the victim of identity theft and that he did not take out the loan at issue,” and that as a result, Premier Credit of North America had violated federal and state FDCPA laws by “collecting on a debt that the plaintiff did not owe…and…making false representations, including that the plaintiff owed the debt.”
Premiere Credit of North America argued that the FDCPA did not apply in this case because “either: (1) the Higher Education Act (‘HEA’) statutory provisions bar the application of the FDCPA statutory provisions alleged by the plaintiff, or (2) HEA regulations bar the application of the FDCPA statutory provisions alleged by the plaintiff.” The court agreed that because PCNA was acting as a representative of a guarantor for federal student loans that, unlike many consumer debt collection disputes, the HEA may have jurisdiction with regard to legal questions regarding loan servicing. However, the court rejected PCNA’s argument that the HEA pre-empted the FDCPA, indicating that the laws were not in conflict, and that regardless, even if the HEA may allow certain leeway with regard to wage garnishment, it could not be interpreted as a means of obstructing the protections under the FDCPA. The court did agree that HEA may pre-empt state collection regulatory laws, but the plaintiff voluntarily retracted his state FDCPA claim, rendering the point moot. Thus, the court rejected Premier Credit of North America’s motion for summary judgment on the basis of the inapplicability of the FDCPA; however, the remaining issue of whether the plaintiff took out the loan or was the victim of identity theft was left unaddressed, allowing the complaint to continue to further proceedings.
Here are some past Press Releases of Lawsuits Brought On By Lemberg Law Against PCNA
October 10, 2017. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, Southern District of Indiana. The case, against Premiere Credit of North America, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages, plus other relief.
The law is very clear about a consumer’s right to validate a debt, and to stop collection calls. Our client says that Premiere Credit of North America violated both of those rights. He says that, after Premiere Credit of North America contacted him about a debt, he went to Premiere Credit of North America’s website and completed a request asking them to validate the debt and to stop calling him. Even so, Premiere Credit of North America kept calling him on a daily basis. Our client told a Premiere Credit of North America debt collector that he’d requested information about the debt but hadn’t received a response. Our client says that the debt collector told him that PCNA didn’t have to provide him with any information about the debt, and that our client had to pay the debt immediately. Our client filed a complaint with the federal Consumer Financial Protection Bureau. Premiere Credit of North America responded to the CFPB that our client wasn’t the person they were trying to collect from.
The lawsuit charges that Premiere Credit of North America violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by using unfair and unconscionable means to collect a debt; and by continuing collection efforts even though the debt had not been verified.
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 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.
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