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Rausch, Sturm, Israel, Enerson & Hornik, LLP (RSIEH) is a law firm based in Wisconsin that specializes in third-party debt collection. RSIEH has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as threatening to take actions that cannot legally be taken and attempting to collect debts not owed. If you have been contacted by RSIEH, understand your rights before taking action.
According to the Better Business Bureau (BBB), Rausch, Sturm, Israel, Enerson & Hornick, LLP was founded in 1997 and incorporated in 2008. The BBB established its profile page in 2004. Their profile page lists 13 additional phone numbers. RSIEH is listed as a law firm and collection agency. Buzzfile estimates RSIEH’s annual revenue at $3.9 million, and the size of its headquarters staff at 67 people.
According to its website, Rausch Sturm is “a law firm that helps creditor issuers and consumers resolve financial setbacks and get both parties back on the right track.” RSIEH’s philosophy is that “doing the right thing, being honest, and giving back to our community” lead to success, and that “every interaction with a consumer, a client, or a vendor is an opportunity to prove it.”
The Rausch Sturm website does not offer a lot of detailed information about their business practices, indicating only that if site visitors have “received a letter or call from our firm, it means your bank or creditor has enlisted our services to help resolve the outstanding debt you owe,” and that RSIEH staff “are committed to working with you to find a suitable plan for resolving your debt.”
Rausch Sturm also does not provide information about its regulatory compliance policies. However, they do provide many links to consumer resources, including sites with financial tools such as Credit Karma; the three national credit reporting agencies; and enforcement agencies such as the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
The BBB closed has closed 41 complaints against Rausch, Sturm, Israel, Enerson & Hornik, LLP in the past three years, with 3 closed in the past 12 months. Most of those complaints allege problems with billing and collections, although several complaints also allege problems with customer service. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has received 41 complaints about RSIEH. Justia lists at least 8 cases of civil litigation involving Rausch Sturm.
Absolutely. Here are some Sample Cases against Rausch, Sturm, Israel, Enerson & Hornick, LLC
In April 2017 in United States District Court for the Western District of Wisconsin, a judge issued an Opinion and Order in a case in which Rausch, Sturm, Israel, Enerson & Hornik, LLP was alleged to have violated certain provisions of the Fair Debt Collection Practices Act (FDCPA) and the Wisconsin Consumer Act (WCA). In this case, the plaintiff incurred a debt on which she defaulted. The debt was initially sold to a collection agency who in turn retained Rausch, Sturm, Israel, Enerson & Hornick, LLP for the purpose of collecting the bill. The plaintiff received the collection notice from the initial collection agency. She also received the subsequent collection notice from RSIEH. The plaintiff sent a dispute letter to RSIEH by certified mail within the thirty-day limit. She received a receipt indicating Rausch Sturm had received her letter, and RSIEH confirmed that their mailroom had logged receipt of the letter. However, the managing attorney for Rausch Sturm never received or read the plaintiff’s letter, so they began collection proceedings by filing a claim in small claims court.
The plaintiff’s complaint alleged that Rausch, Sturm, Israel, Enerson & Hornik, LLP violated FDCPA provision 1692g(b), which requires a collection agency to provide validation of a debt that has been disputed within thirty days of receipt of the dispute letter. Collection activity must cease until validation of the debt is sent to the consumer. RSIEH failed to provide validation of the debt before filing their case in small claims court. RSIEH argued that the violation should be excused as the result of a “bona fide error,” a legal term defined as an error that is unintentional and for which there are procedures in place that have been followed to a reasonable degree. The court disagreed. They dismissed the plaintiff’s claim that Rausch Sturm violated the WCA by maintaining the small claims suit for 53 days after the plaintiff filed a motion to dismiss; they also dismissed the plaintiff’s husband as a party to the action. However, they upheld the plaintiff’s claim that Rausch Sturm’s actions constituted an actionable cause under FDCPA provision 1692g(b).
Rausch, Sturm, Israel, Enerson & Hornik LLP
250 N. Sunnyslope Road, Suite 300
Brookfield, WI 53005
Telephone: (866) 456-3744
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, 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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