- Who is Valarity LLC?
- Valarity LLC Complaints?
- Valarity LLC Lawsuits
- Valarity LLC Contact
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- How Do I Stop Valarity LLC Debt Collection Harassment?
- How Can I Delete Valarity LLC from My Credit Report?
- How Can I Deal with Valarity LLC?
Valarity, LLC is a third-party collection agency based in Missouri. Valarity has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), including illegal communication tactics and failing to verify debts. If you have been contacted by Valarity, understand your rights before responding.
According to the Better Business Bureau (BBB), Valarity, LLC was founded in July 2010, and the BBB opened its file four months later. Valarity is listed as a collection agency with a headquarters office located in St. Louis, MO.
The BBB has posted a notice indicating mail sent to this business in August 2016 was returned by the United States Postal Service as undeliverable. The address for Valarity is currently occupied by Receivable Solutions, Inc. (RSI), which the BBB lists as a payment processing services company. The BBB does not indicate that RSI and Valarity are related, and a search for complaints about RSI on the Consumer Financial Protection Bureau (CFPB) website also does not reveal any connection to Valarity.
Neither the BBB nor Buzzfile list an internet address or other website information for Valarity, but the Data.com site indicates Valarity’s web address is www.valarity.com. However, this site is not currently in operation.
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As of October 2017, the BBB has given Valarity a rating of F. In the past three years, the BBB has closed 29 complaints against Valarity, although they have not closed any complaints in the past 12 months. Most of those complaints allege problems with billing and collections. The BBB’s complaint link for this company is still active.Since May 2015, the CFPB has closed 8 complaints against Valarity, and Justia lists at least 7 cases of civil litigation naming Valarity as a defendant.
Absolutely. Here are some Sample Cases against Valarity LLC?
In December 2014, in United States District Court, Eastern District of Missouri, Eastern Division, a judge issued a Memorandum and Order in a case alleging Valarity had violated the Fair Debt Collections Practices Act (FDCPA). In this case, the plaintiff received two letters from Valarity, one dated February 24, 2014 and another dated March 11, 2014, for two separate debts. Each letter disclosed that she had 30 days from the date of the letter to dispute the amount or validity of the debt. The plaintiff contacted Valarity on March 21, 2014—within the 30-day period of both letters—and during the call, Valarity representatives made demands for payment, without regard for her right to dispute the debts or request verification. The plaintiff argues that this demand constituted a violation of the FDCPA.
The FDCPA was passed to “eliminate abusive debt collection practices by debt collectors” and “promote consistent State action to protect consumers against debt collection
abuses.” Whether a collection agency violates FDCPA provisions is determined using a “least sophisticated consumer” test, in which the conduct of the collection agency is judged by the court form the perspective of “an individual with below average intelligence but not ‘tied to the very last rung on the sophistication ladder’”; and using an “objective element of reasonableness,” to “protect debt collectors from liability for peculiar interpretations of collections letters.” The plaintiff in this case had to show that “she was a consumer and Valarity was a debt collector within the meaning of the Act; that there was an attempt to collect a debt; and that Valarity violated, by act or omission, a provision of the FDCPA.” The first three elements of this proof were established without dispute.
However, Valarity argued that their conduct did not constitute a violation of the plaintiff’s rights because they did not demand a payment. Instead, they offered to make payment arrangements for her outstanding bills; furthermore, the plaintiff was not an unsophisticated consumer. Regardless, although the court noted that the plaintiff in this case may have used the FDCPA as a sword rather than as a shield, as intended, “the unsophisticated consumer standard is an objective standard and the plaintiff’s subjective knowledge of her rights or the circumstances surrounding her phone call has no bearing on any claim or defense under the Act. Because it is unlikely that a hypothetical unsophisticated consumer would understand that she could still dispute the debt once she had made payment arrangements (or even a payment), the
Court found that Valarity’s statements made…within the dispute period” were improper and sufficient to demonstrate a violation.
Maryville Centre Drive, Suite 125
Saint Louis, MO 63141
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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