Franklin Collection Service Or FCS 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 Franklin Collection Service?
Franklin Collection Service or FCS is a third-party debt collection agency based in Tupelo, Mississippi. FCS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including improper contact or sharing of information and threatening to take actions that cannot legally be taken. If you have been contacted by this debt collector, make sure you understand your rights before responding.
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Is Franklin Collection Service a scam?
They’re legit. According to the Better Business Bureau (BBB), Franklin Collection Service, Inc. was founded in 1980 and incorporated in 1988. The BBB established a profile page for FCS in 1996, and FCS has been a BBB-accredited business since 2004. The BBB lists Franklin Collection Service as a collection agency. Buzzfile estimates Franklin Collection Service’s annual revenue at $33 million and the size of its headquarters staff at 130 employees.
Franklin Collection Service has a long history of harassing consumers over debts. They use skip tracing techniques, letter campaigns, automated messaging, and auto-dialers (also referred to as robocalls) so as to collect debt. Like most debt collection agencies, they operate on a contingency basis, so that they only get paid if they collect from customers.
If you’ve suffered from FCS debt harassment, you do have options. Under the law you can recover up to $1,000 for violations of the FDCPA, and $500 to $1,500 for each cell phone robocall.
Who does Franklin Collection Service collect for?
Franklin Collection Service collects on behalf of the financial services, healthcare, student loan, and telecommunications industries, among others. Franklin Collection Service utilizes a variety of collection methods, including skip-tracing, which is a means of using computerized information from several data sources to find a current phone number or address for a consumer whose information has changed, automated and repeated phone calls (robocalls) and letter series, credit bureau reporting, and referral to attorneys for collection lawsuits.
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 Franklin Collection Service FCS ?
As of April 2017, the Better Business Bureau reported 119 closed Franklin Collection Service complaints within the previous three years, including 38 closed complaints within the previous 12 months. The BBB gives FCS an A rating. In addition, Justia lists 13 complaints filed in federal court in the past year alleging violations of the Fair Debt Collection Practices Act, and one alleging violations of the Fair Credit Reporting Act. Furthermore, the Consumer Financial Protection Bureau (CFPB) lists 108 closed complaints for 2016.
Can Franklin Collection Service 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 FCS 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 2018. Franklin Collection Service, Inc. was on the receiving end of a proposed class action lawsuit filed over potential violations of the Fair Debt Collection Practices Act (FDCPA). The plaintiff in the case claimed she received a collection letter from the defendant regarding a debt purportedly owed to “AT&T.” The lawsuit further argued that the letter unlawfully threatened the plaintiff with litigation despite having no intention to sue her. The notice supposedly reminded the plaintiff that the Franklin Collection Service had made several attempts to resolve matter voluntarily and then assured her that “we seldom resort to litigation if the account is resolved in a timely manner.” The complaint alleges that the unsophisticated consumer could interpret the statements to mean that the defendant did intend to file a lawsuit since the debt had not been resolved “in a timely manner.” The case attests, however, that the defendant does not have authority to sue the plaintiff over a debt owed to AT&T and has never filed suit against a consumer in Wisconsin courts.
In 2014, the Eleventh Circuit of the U.S. Court of Appeals affirmed in part and reversed in part a lower court’s decision granting summary judgment to Franklin Collection Service in Bradley vs. Franklin Collection Service. The consumer had alleged violations of the Fair Debt Collection Practices Act, the Racketeer Influenced and Corrupt Organizations Act, and Alabama state law. The class action case arose when FCS attempted to collect medical debts and added a 33.3 percent collection fee. The district court granted the debt collection agency’s motion for summary judgment, but the appellate court found that the added collection fee violated the FDCPA’s prohibition against using unfair or unconscionable means to collect a debt by collecting an amount not authorized by the agreement creating the debt or allowed by law.
Franklin Collection Service 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).
Consumers have reported this agency harassing them from the following numbers:
Can I sue FCS 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.
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Can You Help Me Delete Franklin Collection Service from My Credit Report?
Chances are good that we can help. Call us today and we’ll explain.
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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.