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RS Clark & Associates (RSC)is a third-party collection agency based in Dallas, TX. RSC has received many consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as improper disclosure of information and illegal communication tactics. If RSC has contacted you about past due financial obligations, make sure you understand your rights before responding.
According to the Better Business Bureau (BBB), RS Clark & Associates (RSC) was founded in 1998, and the BBB opened its file on them in 2001. Listed as a billing service, RSC has indicated on its BBB profile page that it offers medical billing and collection services. Buzzfile estimates RSC’s annual revenue at $2.5 million and the size of its staff at 27 people.
According to its website, RSC has been “faithfully servicing national clients for the past 20 years and are passionate about resolving debt. RSC promises to give their full attention to…accounts, and will recover…funds as expediently as possible.”
RSC cites as its strengths several aspects of its business practices. RSC’s collection and management staff “have extensive experience with the latest analytical techniques, software and technology and their application to collections.” In addition, RSC does not charge its clients any upfront fees in an effort to ensure their clients that their staff will make a concerted effort to collect all delinquencies. RSC also claims to deliver higher the expected collection returns, especially when compared to their competitors. Finally, RSC has found that reporting delinquent items to credit reporting agencies is a valuable tool for increasing recovery rates.
RSC’s Consumers page contains links to Ask Dr. Debt; the FDCPA; the Fair Credit Reporting Act (FCRA); Equifax; Experian; and Transunion. It also indicates professional affiliation with the three major credit reporting agencies and the Association of Credit and Collection Professionals (ACA International). However, there is no information about its compliance policies or training programs.
The BBB has closed 52 complaints against RSC in the past three years, with 17 closed in the past 12 months. Most of those complaints alleged problems with billing and collections. The BBB has given RSC a rating of B-. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has closed 40 complaints against RSC. Justia lists at least 7 cases of civil litigation naming RSC as a defendant.
Absolutely. Here are some Sample Cases against RS Clark & Associates
Many of the complaints against RSC allege problems with disseminating false or misleading information or problems with the accuracy of information reported to the credit reporting agencies. In August 2017, a complainant indicated he had made a phone payment to RSC after seeing an indication on their “Make a Payment” page that they are BBB accredited. After making the payment, the complainant referred to RSC’s BBB profile page and discovered that they are not, in fact, BBB accredited. The complainant expressed concern about what appeared to have been RSC’s effort to falsely advertise their accreditation. In response, RSC indicated that he BBB accreditation was a reference to their billing company, Billing Tree. The complainant’s response was that the “webmaster [should do] a better job of separating the entities…[because] the URL did not change to reflect that [the complainant] was leaving R S Clark’s website and entering another.”
In December 2015, a complainant indicated that RSC had reported to the credit reporting agencies a debt resulting from identity theft. The complainant had filed a police report, contacted the Federal Trade Commission (FTC), filed a notarized FTC affidavit of identity theft, placed a security freeze on his credit reports, and contacted the Social Security Administration. Regardless, RSC continued to report residency at an apartment at which the complainant had never lived. The complainant attempted to have the information deleted by appealing to the manager of the apartment complex, but they failed to communicate with the credit reporting agencies. After communicating directly with the credit reporting agencies, the complainant indicated that RSC continued to verify the debt despite the abundance of evidence that it was the result of identity theft. RSC did not provide a response to this complaint.
RS Clark & Associates
12990 Pandora, Suite 150
Dallas, Texas 75238
Understanding your Debt Collection Rights
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.
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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.
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