Diaz and Associates, Inc. (DAI) is a debt purchaser and third-party collection agency based in California. DAI has received complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including attempting to collect debts not owed and threatening to take actions that cannot legally be taken. If DAI has contacted you about past due financial obligations,make sure you understand your rights before you respond.
The harassing company pays our fees.
They’re legit. According to the Better Business Bureau (BBB), Diaz and Associates, Inc. was founded and incorporated in 2006. DAI has been a BBB-accredited business since 2014. The BBB lists DAI as a collection agency and collection system. Buzzfile estimates DAI’s annual revenue at $760,000 and the size of its headquarters staff at 8 employees.
According to its website, DAI “purchases portfolios of charged-off consumer receivables…and employs a team of highly trained and professional debt collectors.” The DAI website consists of a home page and a contact page with a web-based contact form.
The home page does not provide any detailed information about DAI’s business practices or the types of businesses or industries for whom they collect debts. DAI states that they “provide… outstanding collection services…with a high standard of customer service as their … number one priority.”
As for compliance, Diaz and Associates states that they “adhere to a higher code of ethics, … implement the required company standards, and are constantly doing training with different associations to stay up to date with laws and regulations.” They cite membership with several professional associations, including the International Association of Credit and Collection Professionals (ACA International); the California Association of Collectors (CAC); and the International Debt Buyers Association (DBA International). They include a link to the consumers page of the Debt Buyers Association website, but there are no links or references to consumer protection laws or enforcement agencies.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
As of May 2019, the BBB has given Diaz and Associates Inc a rating of B, citing the high number of complaints as the reason for the rating. The BBB has closed a total of 25 complaints against DAI in the previous 3 years, with 15 complaints closed in the previous 12 months. Most of those complaints alleged problems with billing and collections, although 2 complaints also cited problems with customer service or sales.As of October 2015, the Consumer Financial Protection Bureau (CFPB)has closed 18 complaints against DAI. Justia lists at least 2 cases of civil litigation involving DAI.
Diaz and Associates, Inc.
17671 Irvine Blvd., Suite 212
Tustin CA 92780
Telephone:(877) 544-2728
Website: http://www.ethicalcommunity.org/diazassociatesinc
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely DAI 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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Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Absolutely. Here are some Sample Complaints
Complaints against Diaz and Associates cite problems resulting from disputes about the validity of debts and allegations of harassment. In September 2018, a complainant stated he had been harassed over medical bills for surgery. According to the complainant, he had been “overwhelmed with medical issues due to surgery which caused lack of income. He had to let a couple of credit cards default.” He said he had “not received ONE letter from DAI, but had received many harassing and threatening phone calls, including a phone to call to his office in which … DAI representatives spoke to another employee about” him. As a result, the “office gossip” told everyone, and the complainant “almost lost his job” The complainant stated that it “is completely unacceptable to harass anyone at work, or to speak to anyone else in his office about him or his business.”Allegedly, DAI “even pulled an inquiry on his credit report, causing a drop in his score” that was larger than usual because it was “listed… not as a collections account, but as a new account, like it is fraudulent.” The complainant said he would “dispute this ‘new account’ and ‘authorized inquiry’ and will contact the Federal Trade Commission if this is not resolved and if the threatening, harassing phone calls do not stop.”
In August 2018, another complainant alleged that she was harassed for medical bills stemming from cancer treatment. According to the complainant, the collection item was not her responsibility. She stated she had “filed insurance on that account when she became sick with breast cancer in 2014.” Subsequently, her “district manager informed her that the office manager… had… not taken the proper steps …when filing her paperwork,” but that they “would have it under control…and apologized to her for any inconvenience.” Regardless, she was “harassed and threatened due to the matter.” Her insurance was responsible for paying the bill, and she had taken“the proper steps to have her papers filled out by her doctor and turned in. What happened afterward… was not her responsibility.” She also stated that the manager who had made the paperwork error had been dismissed.
Diaz and Associates uses a formulaic response to complaints that begins, “We are well versed in the FDCPA and other state and local collection regulations. We absolutely obey and adhere to all collection laws governed by the Fair Debt Collections Practices Act, Federal Trade Commission, and the Attorney General.” In response to both of the complaints above, DAI went on to say that they had “since closed the accounts as well as placed the accounts with the original clients, requesting no further collection activity.” DAI also stated that they had “sent out a… form to update their trade line if they had reported.” DAI thanked the complainants for “bringing the matter to their attention and…apologized for any inconvenience they may have caused.”
Federal laws protect you. The Fair Debt Collections Practices Act (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).
But here’s the rub: If you want to enforce your rights, or recover money for violations — you need to sue. These laws provide individuals like you 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.
You may have a case, if…
“Every e-mail sent or phone call made to your firm was answered not only promptly, but virtually immediately. Mr. Hirnyk patiently explained every legal concept – including what was possible and what was not – under existing state and federal consumer law.”
“Lemberg Law has saved me from the endless calls, and harassing voicemails. They really do go to bat for you. I didn’t know that debt collection agencies can end up paying your legal bill. What a surprise, to receive free legal help. I’m very grateful for all the hard work they did to finally give me my life back.”
“Know that Sergei, and your firm did a good thing. You took on a big company for little people and righted a wrong. For this we are grateful.”
“I would recommend your company to anyone. You have the debt collectors off my back, and I will finally see the light at the end of the tunnel. Throughout the entire procedure your employees were courteous and professional. I was blown away by their efficacy also.
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Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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Recently I received a letter from Diaz and associates regarding a debt for a person in my life that died in late November 2023. I’ve been acting as the executor of their will and taking care of their debts, etc. Well. I sense that I may have been bullied to pay the debt. My friend is deceased yet they told me if I didn’t pay the lessor proposed amount, they would contact the court and I would then have to pay the whole amount. Sigh. I sense I was duped. I paid it from my own funds, as my friend’s account is empty and closed. So. Is there anyway to know if this is a common practice for a debt collector to make this kind of threat? The person is deceased yet they couldn’t even tell me when the debt was incurred.
I received a letter 6/20/22 stated that I need to make a payment before 7/31/22. One I dont owe Bank of America second you know the bank wont let you get over them for 3155.02 if you dont have it in your account you are not getting 3155.02 they might let you overdraft for maybe 300-500 dollars. So please be care. I called Bank of America and the customer service dont have any records.
I’ve been getting robocalls leaving incomplete voicemails, and my family members have been getting calls from live bodies instructing them to tell me to call Diaz. They don’t identify themselves by that name, they just leave a phone number.
Today I got a letter from them stating that I owed $4020.17 to Bank of America. I haven’t had a credit card account (or any other type of credit account) with that bank for over 25 years. I think the limit on that card was around $1200, so not sure which orifice they pull that $4020 out of…
And wasn’t it nice of them to offer to let me off the hook for only $1407.06 if I paid it by 3/31/2022?
It was my understanding that collection agencies are required by law to make some sort of statement on their collection letters to let consumers know that the law prohibits certain actions for aged debts. For instance, the fact that they are not allowed to sue me or ding my credit report.
Someone with Diaz and Associates called my HR Manager. He discussed a supposed collections issue and asked that my boss tell me to call him right away so he could set up a time to meet. He stated that If a call was not returned, he’d come down anyway to resolve the matter. I am scared. Help!