Data Check of America or DCA is a check verification service based in Southern California. DCA has received a large number of consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as attempting to collect debts not owed and threatening to take illegal actions. If you have been contacted by DCA regarding past due financial obligations, make sure you understand your rights before responding.
The harassing company pays our fees.
They’re legit. According to the Better Business Bureau (BBB), Data Check of America, Inc. is a legitimate collection agency, founded in and incorporated in Nevada in 2015 and is currently headquartered in Las Vegas. DCA is listed as a check verification and recovery service. The BBB established a profile page for DCA in 2016.
The website for DCA (www.datacheckofamerica.com) is not currently accessible via the internet. The BBB has posted a warning about this company. BBB’s Fresno, CA and Bakersfield, CA offices have received a large volume of complaints from consumers alleging that DCA is conducting a widespread campaign of fraudulent collection activity using false information to intimidate consumers into paying for debts they do not owe.
The BBB indicates that DCA’s website states they are a “check authorization and fraud prevention company…that protects] businesses and consumers from the unlawful use of checking account information.”In their “Consumer Alert” section, they state that they are “NOT a Debt Collection Agency or Debt Buyer,” and that they cooperate with “both STATE and FEDERAL Law Enforcement to stop unlawful collection tactics.”
However, a BBB investigation revealed that Data Check has an operating base in Phoenix, AZ, and that many of their office locations consist only of a mailing address and a receptionist, but no employees.
A typical Data Check of America contact begins with a representative inquiring about a returned check from between 1997 and 2009. The usual amount of the original check is usually stated to be around $35, usually written to a pizza restaurant or similar business. The DCA contact calls up to 5 times a day to settle the original debt, which usually has increased to $300 for interest and fees. The DCA representative will threaten litigation, wage garnishment, and lawsuits for up to $5,000 in damages. DCA representatives use harsh, oppressive, threatening language on the phone to intimidate consumers into paying.
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 October 2017, the BBB has given Data Check of America a rating of F. In the past three years, the BBB has closed 34 complaints against DCA, none of them in the past 12 months.Most of the complaints allege problems with billing and collection, but there are also a lot of complaints alleging problems with customer service. Since June 2016, the Consumer Financial Protection Bureau (CFPB) has received 8 complaints against DCA. Justia does not list any cases of civil litigation involving DCA.
Data Check of America, Inc.
8465 W Sahara Ave Ste. 111-201
Las Vegas, NV 89117-8960
Telephone:(888) 221-6373
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely DCA 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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Absolutely. Here are some Sample Complaints
Consumer complaints reinforce the allegations of the BBB investigation. For example, in June 2016, a complainant indicated that she received continuous calls to her mobile phone from DCA representatives “with false collection claims, harassing me, yelling at me, and using profanity during calls.” She had received 3 to 4 calls per day, each time from a different number, but the same automated message. She received similar calls on her land line. She reported receiving calls starting six months previous to filing the complaint, around the time she had become a victim of identity theft. She identified terms used in the automated message such as, “scheduled to be resolved as a wage execution within 24 hours.” Furthermore, she indicated that DCA failed to identify themselves as debt collectors and failed to send verification of the debt.
Some of the other abuses she noted included:
· calling her at work after she repeatedly asked them not to call her at work;
· the use of profanity during telephone calls;
· threatening to take actions that cannot legally be taken, such as wage garnishment;
· false representation of the character, amount or status of the debt, especially since she did not owe the debt in the first place; and
· improper disclosure or sharing of information by leaving threatening messages about delinquent financial accounts on an answering machine.
DCA’s response to this complaint denied most of the complainant’s allegations and included statements such as:
· “Notice of the returned check was provided to the consumer in accordance with our NOTICE OF RETURNED CHECK POLICY and a Ten (10) day demand for payment was made.”
· “Had the consumers husband allowed our office to communicate the results of our investigation completely without belligerence she would have been advised that in an effort to ensure consumer satisfaction our office was willing to close the account for payment of the face value of check at the time it was written.”
DCA closed the complaint by stating:
· “At this time the account has been closed as ‘Charged Off,’ and as a result may be referred to a debt buyer or debt collection agency.”
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.
Your debt harassment checklist:
“The group at Lemberg Law was professional, courteous, and effective. Their grasp of consumer protection laws and guidelines are second to none, and they work extremely difficult to ensure this procedure is client-friendly.”
“After a few months of frustration with a debt collector, I eventually called Lemberg Law. It was among the best financial decisions I have ever made. Jody and her staff were comprehensive, useful, and above all else powerful. I highly recommend their services and thank them for their continual efforts.”
“I just wanted to let you know we received the check from your office on now and I wanted to take some time to inform you that we really appreciate all of your efforts in this matter.”
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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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