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.