Patenaude & Felix , APC (P&F) is a Southern California law firm that specializes in debt collection. P&F has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), including illegal communication tactics and threatening to take illegal actions. If you have been contacted by P&F, understand your rights before responding.
The harassing company pays our fees.
They’re legit. According to the Better Business Bureau (BBB), Patenaude & Felix, A Professional Corporation, was founded in 1987 and incorporated in 1997. The BBB opened its file about five months after P&F’s incorporation date, in August 1997. P&F is listed as both a law firm and a collection agency and employs 115 people. Buzzfile estimates P&F’s annual revenue at $18.7 million.
According to its website, P&F’s mission is “to provide…clients with the Gold Standard of legal collections in a professional and technologically advanced manner.” They cite consistently high liquidation and recovery rates, long-term client relationships, and award-winning management as the primary indicators of their success in the collections industry.
However, their website does not offer any specific details about the services they provide. Their services page does not identify the industries in which their collections staff is active, nor does it specify the tools or techniques it uses in its debt collection efforts. Instead, it merely states that its multi-lingual in-house staff is fluent in French, Tagalog, and Spanish.
In fact, P&F appears to rely almost entirely on computer automation for effectiveness. Its technology page cites a state-of-the-art “collection software system, with an innovative rules engine, [to enable] the design and implementation of automated workflows that maximize the efficiency of legal and pre-suit recovery efforts.”Even their legal compliance efforts are automated with “built in alerts for potential FDCPA violations and real-time control over the work queues [that] ensure…accounts are always actively worked in a professional manner with the highest levels of flexibility and security.”
Their site does not contain any references or links to consumer resources, protection laws, or 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 October 2017, the BBB has closed 5 complaints against P&F in the preceding three years, with 3 complaints closed in the past 12 months. All of these complaints allege problems with billing and collections. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has closed 48 complaints against P&F. Justia lists at least 23 cases of civil litigation naming P&F as a defendant.
Patenaude & Felix, APC
4545 Murphy Canyon Road, 3rd Fl.
San Diego, CA 92123
Telephone:(858) 244-7600
Website: http://www.pandf.us/
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely P&F 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 Cases
In June 2017, in United States District Court, Eastern District of Wisconsin, a judge issued a Decision and Order regarding a case charging P&F with violations of the Fair Debt Collections Practices Act (FDCPA). In this case, the plaintiff incurred a financial obligation with TD Bank and then defaulted. The original creditor placed the debt with P&F for collection. In May 2016, the plaintiff received a letter from P&F that indicated the plaintiff’s “‘debt [had] been assigned to [P&F] to initiate collection efforts,’ and refer[red] to the creditor as the firm’s client.” The plaintiff assumed from the wording of the letter that P&F had been hired to aggressively pursue debt collection, ultimately with legal action, and that in order to avoid a lawsuit, she would have to call P&F. The plaintiff alleged that the letter did not make it clear to her that P&F had not been retained to file a lawsuit, or that P&F does not employ any attorneys licensed to practice law in Wisconsin, where she was residing. She alleged that P&F’s collection practices are largely automated and that their form letters stating, “If you wish to avoid further collection activity, please contact us at (866) 606-3290,” contain “false, deceptive, and misleading” language that “suggests to an unsophisticated consumer that the only way to prevent further collection activity is to call” P&F, which is “inconsistent with the consumer’s right to request, in writing, that a debt collector cease further communication.” Thus, the plaintiff alleges violations of the FDCPA, Sections 1692e, 1692e(3), 1692e(10), 1692f, and 1692g, by denying her the right to certain information necessary for successful resolution of the debt collection claim.
P&F objected on the grounds that because she did not suffer a tangible injury, she had no standing to bring the claim. The court disagreed, citing case law that upholds interpretations of the legal definition of an “injury in fact” that allow for the inclusion of intangible injuries, as long as those injuries are actual and not merely theoretical or procedural. In this case, the court determined that “the purpose of the FDCPA is to protect consumers from certain harmful debt collection practices and create a private right of action for consumers, namely, the right to be free
from ‘false, deceptive or misleading’ information.” Furthermore, the confusion resulting from the false information contained in P&F’s letter “is precisely the harm Congress ‘sought to curb’ in enacting the FDCPA.” As a result, P&F’s objection to the plaintiff’s allegations was denied.
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:
“I was so excited when you told me about the positive outcome of the lawsuit. If the need ever arises again, I will not hesitate to call your office or recommend your law services to a friend in need.”
“Thank you, thank you, thank you! I couldn’t be happier with all the hard work your office has done for me. I feel throughout the whole process I was kept informed, and my questions were always answered completely. The calls have stopped, I no longer have a mountain of junk bills piling up, and I owe it all to Lemberg Law.”
“I found your website. I filled out the information and much to my surprise received a call back within the hour. She listened intently and addressed each one of my concerns. She immediately forwarded me an email and advised I would not be charged for services rendered. She made me feel confident and assured, and that someone was in my corner.”
Chances are good that we can help. Call us today and we’ll explain.
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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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I was sued 7 years ago by capitol one on a cc debt from 2004. Of course I was a no show and they won! Wiped out my bank account once. Today I get letter saying they have changed attorneys. Question is can the take my social security? That is my only income. This debt has been removed from credit report it was so old. so suppose it will back on again…….
P&F threatened me that they will garnish my wages, I told them i’m Retired, so then they said they will take money out of my checking account. I got nervous because I’m on a fixed income. I agreed to pay a lesser amount due and be done with it. Every month they take money and I can’t pay my bills (2 months behind on my utilities) I can buy a little bit of food ( my granddaughter lives with me, and it sucks that I can’t get her what she wants. They are ruining my life
Tried for one week to,contact someone in the credit card debit dept concerning my old debt
THEY HAVE SENT PAPERWORK TO BE PREVIOUSLY FOR A COLLECTIONS DEBT.
THEY SAID THEY SUED ME AND WON A BANK ACCOUNT SIEZURE.
WHEN I FINALLY GOT THE PAPERWORK, THEY USED MY OLD ADDRESS I HAVE NOT LIVED AT FOR OVER 10 YRS, CAUSING NO SHOW ON MY PART. I TRIED TO INFORM THE COURT THAT THEIR INFORMATION WAS WRONG, BUT COURT ALREADY AUTHORIZED THE BANK ACCOUNT FREEZE FOR WHAT WAS IN THERE AT THE TIME. THEREFORE TAKING MY MONEY FOR RENT AND BILLS. THEY NEVER SERVED ME AT MY CURRENT ADDRESS AT THE TIME, AND GET THE COURT ORDER. THEN SENT ME THE COURT DOCS TO MY CURRENT ADDRESS, AFTER THE FACT. THE COURTS SHOULD HAVE A COPY OF THE CREDIT REPORTS TO SEE WHERE THEY ARE SENDING THE PAPERS TO BE SERVED. THE EMPLOYEES HERE SHOULD NOT BE HAPPY TO WORK FOR SUCH AN UNETHICAL PLACE. IF THEY ARE, THEY SHOULD HAVE KARMA COME BACK AT THEM.