Unifund CCR Partners 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 Unifund CCR Partners?
Unifund CCR, LLC is a third-party collection agency based in Ohio. Unifund has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including making false statements 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 taking action.
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Is Unifund CCR Partners a scam?
They’re legit. According to the Better Business Bureau (BBB), Unifund CCR Partners is a legitimate collection agency founded in 2011. The BBB established a profile page for Unifund in 2013. Unifund is listed as a collection agency. Buzzfile has two listings for Unifund, which it identifies as a buyer of installment notes. Together, Buzzfile estimates Unifund’s annual revenue at $48 million and the size of its staff at 150 employees.
According to its website, Unifund “has been a leading manager and purchaser of distressed consumer receivables…[and] specializes in managing, servicing, purchasing and liquidation of non-performing judgments and defaulted consumer portfolios from major banks, creditors, originators, financial institutions, and owners of distressed receivables.”
Who does Unifund CCR Partners collect for?
Unifund CCR purchases delinquent debts from a variety of industries, including charged-off or non-paying portfolios; credit cards; auto loans and deficiencies; consumer loans and credit lines; student loans and accounts receivable; secured and unsecured judgments or liens; government receivables; tax delinquencies; home equity lines of credit; mortgage deficiencies; and other consumer receivables.
The Unifund website does not provide a lot of detailed information about its business practices. Instead, Unifund’s website “was developed as a resource for individuals who may be in the midst of their own personal debt challenges.” The home page lists several of the consumer rights included in the FDCPA, including prohibitions against harassment; phone calls at inconvenient times or places; the use of threats of violence or of obscene or profane language; and the rights of consumers to dispute debts or to request that debt collectors cease communication.
Unifund’s Resources page includes a comprehensive list of links to many different types of consumer resources, including professional financial coaches; financial tools websites such as Credit Karma; the three national credit reporting agencies; consumer shopping sites intended for consumers trying to pay off debt; identity theft resources; books about “financial freedom”; and a link to the Consumer Financial Protection Bureau (CFPB) website.
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 Unifund CCR Partners?
The BBB has closed 9 complaints against Unifund CCR Partners in the preceding 3 years, with 4 complaints closed in the past 12 months. All of those complaints alleged problems with billing and collections. The Consumer Financial Protection Bureau (CFPB) has closed 26 complaints. Justia lists at least 35 cases of civil litigation involving Unifund.
Can Unifund CCR Partners 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 Unifund 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 Supreme Court of Kentucky, a judge issued an Opinion in a case alleging Unifund CCR Partners had violated certain provisions of the FDCPA. Originally, the plaintiff in this case acquired credit card debt with Citibank at an interest rate of 27.24%. The plaintiff defaulted on the repayment terms and Citibank charged off the balance of $1,472.58. Citibank stopped charging interest on the debt once they charged it off and sold the debt to a collection agency that hired Unifund to collect the bill. During the 11 months between the time Citibank charged the debt off and the time Unifund was hired to collect the bill, no interest accrued on the debt. About five months later, Unifund filed a collection action against the plaintiff in which they attempted to collect the outstanding balance plus “pre-judgment interest” calculated at the rate of 8%. The plaintiff filed a complaint alleging Unifund had violated the FDCPA by “unlawfully claiming interest for the time period between Citibank’s decision to charge-off the debt and Unifund’s acquisition of the debt.” In response, Unifund claimed that Kentucky state law allowed them the “right to collect interest at Kentucky’s statutory rate, and that…seeking pre-judgement statutory interest did not violate the FDCPA.” Initially, the circuit court agreed that Unifund had not violated the FDCPA, granted their request to dismiss the plaintiff’s claim, and transferred the case back to district court. The plaintiff appealed this decision.
The Court of Appeals cited the Kentucky state law upon which Unifund had based its argument. This law states, in part:
“The legal rate of interest is eight percent (8%) per annum, but any party or parties may agree, in writing, for the payment of interest in excess of that rate . . . and any such party or parties, and any party or parties who may assume or guarantee any such contract or obligation, shall be bound for such rate of interest as is expressed in any such contract, obligation, assumption, or guaranty, and no law of this state prescribing or limiting interest rates shall apply to any such agreement or to any charges which pertain thereto or in connection therewith ….”
The court found that the Kentucky state law cited by Unifund only sets the amount of interest that may be charged; it does not give anyone the authority or right to charge interest where contractual agreements prevent such charges. The court also cited federal law that states, “A periodic statement need not be sent for an account … if the creditor has charged off the account in accordance with loan-loss provision and will not charge any additional fees or interest on the account.” Thus, “Citibank… waived its right to collect the agreed-to interest on the account” when they charged it off. In addition, the court, citing previous case law, determined that “Unifund acquired no greater right to collect interest on… [the charged-off] account than Citibank had at the time the debt was assigned.”
As a result, the appeals court reversed the earlier decision, and upheld the plaintiff’s claim that Unifund CCR had violated the FDCPA by using a “[f]alse representation of … the character, amount, or legal status of any debt,” and by threatening “to take any action that cannot legally be taken.” At the February 2017 hearing in the Supreme Court of Kentucky, Unifund CCR Partners appealed this decision, but the Supreme Court upheld the decision in favor of the plaintiff.
Unifund CCR Partners 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 Unifund 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 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.”
“Thanks to the staff at Lemberg Law, I have peace of mind again. They worked quickly to find the harassing calls were super considerate when I talked with them. I love the hard work”
“I was almost going nuts receiving calls every afternoon from a person using profane language to push me to pay debts I don’t owe. Someone I trust referred me to Lemberg Law, and I don’t regret having contacted them. The attorneys were very kind and always available when I needed them.”
“Thank you for standing with me Lemberg Law. I was so afraid I could lose my job because of a caller who called my job number 4 hours straight back to back. He not only harassed and threatened me but also abused workmates who received the call when I wasn’t around. Since I solicited for your services, I’ve had a peace of mind, and I’m happy because of the few dollars I got as a settlement.”
Can You Help Me Delete Unifund CCR Partners 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.