Performant Financial Corporation or Performant Recovery 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 Performant Financial Corporation – Performant Recovery?
Performant Recovery or Performant Financial Corporation or is an Accounts Receivables Management (ARM) company and collection agency that specializes in collecting delinquent debt for healthcare providers. Performant has received many consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as making false statements and threatening or taking illegal actions. If you have been contacted by Performant,understand your rights before responding.
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Is Performant Financial Corporation a scam?
They’re legit. According to the Better Business Bureau (BBB), Performant Financial Corporation is a legitimate collection agency founded and incorporated in California in September 1976. The BBB opened its file in March 1981, lists Performant as a collection agency, and indicates a headquarters address in Livermore, CA.
Buzzfile has five separate listings for Performant and its affiliates. Performant Financial Corporation is listed as a management services company with an estimated annual revenue of $159.4 million; Performant Recovery, Inc. is listed as collection agency and has an estimated annual revenue of $31.5 million; Performant Business Services, Inc., is listed as an investment holding company with no annual revenue estimate posted; Performant Technologies, Inc. is listed as an investment adviser with an annual revenue estimated at $36.6 million. All four of these businesses are located at the Livermore headquarters address. The fifth Buzzfile listing is for Performant Recovery in nearby Lathrop, CA, also listed as a collection agency. Together, Buzzfile estimates these companies employ 671 people.
According to its website, Performant’s mission “is to be the best in maximizing revenue, quality and cost integrity for the clients we serve.”
Who does Performant Financial Corporation collect for?
Performant Recovery offers services in three areas: healthcare, commercial collections, and government. Their healthcare division offers debt collection supported by clinical audits, data mining, and fraud analytics. Their commercial division features first- and third-party collection services and customer care call center outsourcing. Their government division focuses on delinquent student loan and tax obligations.
Performant’s website is entirely client-facing, with no references or links to consumer resources.
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 Performant Financial Corporation – Performant Recovery?
The BBB has closed 72 complaints against Performant Financial Corporation in the past three years, with 21 closed in the past twelve months. The majority of complaints have alleged problems with advertising and sales, with most of the remainder fairly evenly split between billing and collection issues and problems with customer service.Since March 2015, the Consumer Financial Protection Bureau (CFPB) has closed 105 complaints against Performant. Justia lists at least 5 cases of civil litigation naming Performant as a defendant.
They’re legit. It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely Performant 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 February 2017, in the United States District Court, Northern District of California, a judge issued an Order in a case alleging violations of the Telephone Consumer Protection Act (TCPA). In this case, originally filed in September 2016, the plaintiff had filed a class action lawsuit against Performant Recovery for allegedly using an “‘automatic telephone dialing system (ATDS)’ when making calls to cellular phones.” The allegation stated that Performant violated the TCPA by placing “autodialed calls to cellular telephone subscribers (a) who had recycled (or reassigned) cellular telephone numbers who have not expressly consented to receiving such calls and/or (b) who have expressly requested not to receive such calls.” In January 2017, Performant filed a motion to stay the proceedings for two reasons. The first was a pending decision in the D.C. Circuit and the Ninth District that may have limited the definition of an ATDS; the second was a decision then before the Federal Communications Commission that would determine whether the statutory definition of the “maximum number of telephone calls that may be made to a debtor [as]…three telephone calls within a thirty-day period… [should or should not include] calls to wrong numbers or reassigned numbers.” During this hearing, the court reasoned that Performant Recovery would have to produce discovery to settle factual disputes regardless of the outcome of either pending decision; that the outcome of either decision was neither imminent nor certain; and that further delays on these grounds would prejudice the plaintiff’s complaint. As a result, Performant’s request for a stay was denied.
Performant Financial Corporation 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 Performant 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.
“We realize that ours is just one small case among many – and many more serious – but are heartened by the fact that you accepted it and represented us with a professionalism that belied the small dollar amount.”
“If you are unsure about this company…DONT BE!!! They are for real when they say they are here to help you. It only takes a few short minutes of your time to talk to a rep. I was a skeptic, but you did everything you said you would! I can’t say thank you enough!”
”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.”
Can You Help Me Delete Performant Recovery Financial Corporation 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.
I wasn’t made aware that I owed any Student loans. I was under the impression that my loans were fulfilled in July of 2014. I became permanently disabled in April of 2008, and I received a 5 digit check for lost wages while on Workers Compensation, and I noticed that $4,777 was taken by the Department of Student Assistance, meanwhile I received my 1st SSDI Payment in 2/12, and a letter stating that an average of $185 per month would go towards my loans. I recieved my Settlement from the injuries I suffered leaving me Disabled in 5/2011, and I have a stamped paper from a Federal Court Judge that asked for my signature if I knew I had no current loans, I explained that I wasn’t sure so when I went to pick up my Settlement check, I suppose that someone from his office looked into it and said that I had no current loans and I signed the papers. However, every month until 7/14 an average of $185 was taken from my SSDI Check, I was confused because when I received the money owed from my time on Workers Compensation, they took close to $5,000 out with no warning and not a single dollar was taken from my substantially larger Settlement, which, I could have paid the full amount off at once, two separate times, with each check I received. In January of 2015, the average of $185, began to be withdrawn from my SSDI Payment after I believed whatever loan it was, had been completed. I first heard about Performant in 2017, by a letter saying that I owed over $20,000 in delinquent loans, yet every letter, had false information on it, and even the federal government had a number for the Department of Student Assistance that I had, and they were numbers from where I live, but I called and they directed me to Performant Recovery Inc, I was, as well as my family members, constantly recieving calls from random numbers which were verified to be Performant Recovery Inc, 3 from Livermore, CA, 1 from Grants Pass, Oregon and other areas as well. I knew it was a fraudulent company and against the BBB, stating that they were a legitimate company, I wrote an extremely rude, but not out of bounds letter to Performant and within 2 weeks I received information from Nelnet, telling me that they were given the loan, by a different servicer, but 2 separate men both told me that they could only see that my loan was fulfilled in July 2014, and neither of them were able to see who passed on the loan to them. I estimate that I have paid a minimum of $35,000-$40,000 in loans that if I had I went to College on a great deal of Grants and Scholarships. I did take 5 years to graduate, but it was a total of 6-7 classes I would have needed loans to. As of yesterday Nelnet is stating that I owe them close to $16,000, and I know that if I had loans when I began college in 1998, no possible way they were close to $16,000, as well as all the money that was taken from my SSDI. Thank you
Performant is taking money out of my retirement check for a debt that never happened. I talked to my attorney and he saud its illegal they said medicare told them to for a debt I dont owe. Now I cant get a call back and they wont give my money back
After paying nearly 15k in my debt the debt was transferred to performant where they then added 14000 for processing fees bringing it back up to the original debt value leaving the last 4 years of work a waste.
Hi there, I have received two threatening letters from Performant Recovery in the mail regarding garnishing my wages. This company addressed the letter to me using my maiden name that I haven’t used in twenty years. Prior to that I did not receive any written notification from them, or phone calls identifying who they were. However…these people contacted my elderly parents and left cryptic messages for my step mom. One person spoke to my father who is 80 years old and not in good health and scared him half to death, asking for my personal information. I do not know how these people got my parents’ information but I do not appreciate them being bothered or scared.
Still garnish on my Social Security causing a severe hardship. What is going on I have no money to even buy my necessary items to live.
I agreed to pay 5.00 a month. That already started
Yet the garnish continues at 72 My life is being ruined
I thought I had done the right thing guess not
Performant has called me 14 times in the last 20 days. Since I did not recognize their number, I didn’t answer the calls. Today, I finally answered, and after some back and forth in which an agent tried repeatedly to get me to tell her my SSN (really? To some random person who called ME?), it turns out they’re looking for an “associate” of mine (a name I didn’t recognize). They’re harassing me with the calls, and I don’t even have any debt!! And the “associate” of mine (whoever it is) may have a case, because Performant is calling “friends, neighbors, or coworkers”.
How can you all just take a person income tax without there knowledge
Good evening, Performant is calling us continuously and now calling our family members, friends and acquaintances. I am about to send them a debt validation letter with a list of request they prove to us they even have any rights to represent anyone to collect any debt from us. We may need more than this letter. We are thinking about a no fee class action suit and maybe we can join one if there is an ongoing suit in our area, state of WA, 9th Circuit Court. Thank you!
I received a letter claiming wage garnishment would occur unless I requested a hardship hearing. Which I did. I waited for the hardship paper. Never received it. They called me numerous times, said their company name & something about hearing proceedings & before I could say anything hung up… Then I receive a letter stating that I have not fulfilled my share of the hearing process. So they are going to start the garnishment.
I have been set up on an auto draft for 200.00 out of my account since 2014 ( I owed around $32,114.65 for Performant Collections. I still believe this is making my credit terrible. How can I fix it. I also gave them a different phone number because of all the calls I got from them. Is there a way to get this back to a regular non defaulted collection situation. I also have never received in the mail a statement of how much I owe or w2. I had to call this year to get a w2 on this. To me they seem shady. I would love to talk to someone that could help.