Delinquent Recovery Associates is a debt collection agency, which receives a lot of consumer complaints to our law firm for debt harassment. Find out who they are, why they might be calling, and how you can stop them.
What is Delinquent Recovery Associates?
Delinquent Recovery Associates, Inc. is a third-party collection agency based in Louisiana. Delinquent Recovery has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as using false or misleading information in an effort to collect a debt and threatening to take actions that cannot legally be taken. If DRA has contacted you about past due financial obligations,make sure you understand your rights before responding.
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Is Delinquent Recovery Associates a scam?
They’re legit. According to the Better Business Bureau (BBB), Delinquent Recovery Associates, Inc. was founded in 1964. The BBB established a profile page for Delinquent Recovery in 2001, and Delinquent Recovery has been a BBB-accredited business since 2010. The BBB lists Delinquent Recovery as a collection agency, credit service, and credit reporting agency. Buzzfile estimates DRA’s annual revenue at $105,000 and the size of its staff at 4 employees. The Consumer Financial Protection Bureau (CFPB) attributes all complaints against Delinquent Recovery to a company called Collection Bureau of the South (CBS); Buzzfile estimates Collection Bureau of the South’s annual revenue at $540,000and the size of its headquarters staff at14 employees.
According to its website, Delinquent Recovery employs a “highly efficient staff to expedite… the collection process.” Delinquent Recovery promises that clients “will see results quickly and be relieved of the burdensome collection task.” DRA “takes pride in providing courteous and friendly service…with a crew that is always eager to serve…and… are flexible to meet client needs.”
Who does Delinquent Recovery Associates collect for?
Delinquent Recovery Associates collects delinquent accounts for lease and rental property managers; medical and healthcare service providers; utility companies; and many other consumer businesses. Delinquent Recovery also accepts commercial collection accounts for business-to-business account delinquencies.
Delinquent Recovery Associates is a full-service collection agency. Their website states that they “step it up with legal pressure early in the process for better results and maximum impact.” Delinquent Recovery provides “thorough skip tracing and asset investigation that ensure successful results” by providing methods of “locating …debtors, their employments, and personal property” whenever DRA has “insufficient information to collect …money.” DRA also reports delinquent debts to all three national credit reporting agencies. DRA states that this credit reporting practice “guarantees a much greater probability of the collection item showing on consumers’ credit reports…because they cannot hide from that.”
Delinquent Recovery has posted an online payment disclaimer that informs site visitors that paying bills through the website does not obligate Delinquent Recovery to accept the payments; does not constitute a settlement; does not require Delinquent Recovery to cease collection efforts; does not guarantee that legal proceedings will be dismissed; and does not preclude DRA from assessing additional legal fees.The DRA website does not provide any information about their regulatory compliance policies. They provide a link to the federal free credit report website, but there are no additional links or references to consumer protection resources, 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.
How many Complaints are there against Delinquent Recovery Associates?
As of October 2019, the BBB has closed 4 complaints against Delinquent Recovery Associates in the preceding three years, with 2 complaints closed in the previous 12 months. All of those complaints alleged problems with billing and collections. As of May 2 014, the Consumer Financial Protection Bureau (CFPB) has closed 31 complaints involving Delinquent Recovery, all of them attributed to Collection Bureau of the South. Justia lists at least 2 cases of civil litigation involving Delinquent Recovery/CBS.
Delinquent Recovery Associates, Inc. 600 Common St. Shreveport, LA 71101 Telephone:(318) 221-3695
Can Delinquent Recovery Associates Sue Me or Garnish My Wages?
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely Delinquent Recovery 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!
In November 2018, in the United States Court of Appeals for the Fifth Circuit, a judge issued a decision in a case alleging Delinquent Recovery Associates had violated certain provisions of the FDCPA. In the original case, the plaintiff had filed a complaint after receiving a collection letter from Delinquent Recovery in which they identified themselves as the Credit Bureau of the South. The plaintiff alleged that by using the words “credit bureau” in its name, Delinquent Recovery had misrepresented itself “as a credit bureau in an attempt to collect a debt,” which violated both the FDCPA and the Texas Debt Collection Act (TDCA). The plaintiff alleged further that Delinquent Recovery had “attempted to unlawfully collect the debt” for a $100.00 water bill owed to the City of Shreveport on two separate occasions. Initially, DRA had mailed her a letter printed on letterhead “that clearly stated ‘Credit Bureau of the South, Inc.’ The second violation… involved a recorded phone call… during which …DRA misrepresented itself as a credit bureau in its collection efforts.” At the initial trial, the “magistrate judge concluded… that ‘summary judgment evidence establishes that Delinquent Recovery engaged in debt collection activities while using the term ‘credit bureau’ in its name, even though it ceased to be a consumer reporting agency years ago.’” As a result, Delinquent Recovery was found to be liable for acts that “‘constitute the false representation or implication that Delinquent Recovery is a consumer reporting agency in violation of the FDCPA,’ and recommended that the plaintiff be awarded $1,000 in statutory damages.” The question of the plaintiff’s attorney fees was left unaddressed.
The plaintiff filed a subsequent motion for attorney’s fees in the amount of $130,410… The motion was referred to the magistrate judge, who denied the plaintiff’s motion…finding that the case involved special circumstances that would render an award of attorney’s fees unjust…because the cause of action was created by counsel for the purpose of generating…an ‘incredibly high’ fee request.” Although Delinquent Recovery Associates had been found “to have committed a violation of the FDCPA, which ordinarily justifies an award of fees as a disincentive to future similar conduct, the Court is even more concerned about disincentivizing the conduct of the plaintiff’s attorney.” The plaintiff appealed the decision, citing the FDCPA’s provision that “a debt collector who fails to comply with the FDCPA ‘is liable’ for reasonable attorney’s fees.” Although the court acknowledged that in this case, Delinquent Recovery had failed to comply with the FDCPA, the court also cited cases in which “‘fees may be denied a successful plaintiff only in the most unusual of circumstances,’ such as bad faith, obdurate conduct, unjust hardship, or other special circumstances.” Thus, although the court upheld the ruling against Delinquent Recovery, it also used its discretion to sanction the unethical conduct of the plaintiff’s attorney by denying an award for attorney fees.
Delinquent Recovery Associates Calling You?
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).
Can I sue Delinquent Recovery for harassment?
Yes. If you want to enforce your rights, or recover money for violations — you need to sue. Federal 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.
“I used to get up to 15 calls a week from several collection agencies. It got so bad I felt like I should just get a new phone number to make it quit. Happily, I discovered Lemberg Law. They immediately put an end to the calls. Now, when my phone rings I do not dread it.”
“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.
“Prior to contacting you, we had tried repeatedly to handle this matter without threatening litigation. In the end, not only were they unapologetic, but they were dismissive – even of an attorney friend who called on our behalf. Sincerest thanks for resolving this matter for us!”
Can You Help Me Delete Delinquent Recovery Associates from My Credit Report?
We can absolutely help. Call us today.
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About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.