Receivable Management Services Corp or RMS is a third-party collection agency based in Seattle, WA. RMS has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as illegal communication tactics. If you have been contacted by Receivable Management Services, make sure you understand your rights before responding.
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According to its website, Receivable Management Services “provides debt recovery services to companies from a wide range of industries.” RMS states that it is “committed to resolving your inquiries in a timely manner,” and encourages site visitors to contact them with any questions during business hours, Central Time.
RMS’ website is unique in several regards. It is bilingual in English and French, which is not typical for businesses in the United States, where Spanish is usually the second primary language. Furthermore, although the site is superficially well-designed and visually appealing, it contains almost no information about RMS’ client base, collections practices, or compliance policies. RMS’ home page has three options for site visitors—an email address, a toll-free phone number, and a link to an online pay portal. Site visitors have to clink on the About page to learn that RMS is a debt recovery service, and they do not provide any information beyond that basic description.
The payment portal link leads to the Payment page, which advises site visitors to refer to the log-in and password on written correspondence they may have received from Receivable Management Services. It is only on the Payment page that site visitors can find RMS’ Seattle, WA address; furthermore, this address is in the Pacific time zone although the site indicates via their business hours that they are located in the Central time zone.
Their Contact page provides a web-based contact form and a phone number, but it does not identify RMS as a debt collector, and there is no mandated legal disclaimer. Instead, they have posted a statement that says, “If you have been contacted by us and have a question or concern with your account or for any other reasons, including suggestions on how The Receivable Management Services Corporation (RMS) may better serve you or to submit any other comments, please complete the information and form below.”
The site contains no information about consumer protection resources, laws, or enforcement agencies.
The BBB lists 52 consumer complaints against Receivable Management Services in the past 3 years. The Consumer Financial Protection Bureau (CFPB) received 1 complaint against RMS in January 2017. Justia lists at least 6 cases of civil litigation involving RMS.
Receivable Management Services Corp.
240 Emery St
Bethlehem, PA 18015-1980
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely RMS 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!
Absolutely. Here are some Sample Cases filed in Federal Court
Information about Receivable Management Services’ legal involvement is also difficult to locate, but several cases indicate a similar pattern of obscurity. Three cases in particular indicate the types of civil litigation that have been initiated as a result of RMS’ business practices. First, in September 2012, a healthcare insurance provider that was acting as an agent of RMS attempted to impose sanctions against a plaintiff who had delayed payment of an award to the healthcare insurance provider. In this case, it appears the plaintiff had previously sought to avoid paying healthcare costs, though it is not clear whether he cited any violation of the Fair Debt Collection Practices Act (FDCPA) as the basis for his objection. Regardless, the court record indicates that the agent of RMS had moved for payment of an award of $36,336.46 in court costs and attorney’s fees. The court had previously asked whether the plaintiff wished to submit documentation of his financial status to refute the award. The plaintiff had provided copies of bills, bank statements, medical records indicating various health issues, and a statement of “accruing mortgage payment[s] at the forbearance of” his mortgage, but did not supply supporting documentation, tax returns, or income sources. As a result, the court granted a judgement in favor of RMS’ agent in the amount of $3,000.
In September 2013, in United States District Court, Eastern District of Wisconsin, a plaintiff who had prevailed in a case alleging RMS had violated certain provisions of the FDCPA appealed to the court to address concerns about the amount of the award for attorney fees and court costs. The court noted that the “case comes down to, like so many FDCPA cases, the question of attorneys’ fees” largely because the $1,000 statutory maximum award is relatively modest, increasing the significance of the award of attorney fees. These considerations have “resulted in the development of a cottage industry for both plaintiffs and defense attorneys specializing in these sorts of actions and a proliferation of FDCPA litigation in courts.” In this case, the judge went to considerable lengths to establish on record a method of calculating appropriate amounts. Ultimately, despite the fairly straightforward nature of this particular case, and of FDCPA cases in general, the court determined that there was no reason to adjust downward the plaintiff’s request for attorney fees and approved an order requiring RMS to pay $2,526.00 plus $350.00 in court costs, in addition to the statutory amount granted in the award hearing.
Finally, a case of civil litigation involving Receivable Management Services was cited in an Order issued as a result of a separate hearing attempting to hold the California Department of Corrections and Rehabilitation (CDCR) liable for contempt for their failure to have complied with a subpoena to produce records relating to a state prisoner housed at Atascadero State Hospital. A case in which RMS was the defendant was cited as case law in an effort to determining whether there was sufficient “character and magnitude of…harm threatened by [CDCR’s alleged] continued contumacy, and the probable effectiveness of any suggested sanction in bringing about the result desired.”
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are federal laws that regulate how collection agencies may conduct themselves.
The FDCPA prohibits actions such as the use of abusive or threatening language; or the use of false or misleading information to collect a debt.
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).
The complaints above illustrate why it is important to understand your rights and responsibilities under these laws when attempting to communicate with collection agencies.
These laws also 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 having difficulty resolving 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, 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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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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