On behalf of our clients, Lemberg & Associates recently filed a complaint in U.S. District Court, Southern District of Texas, against Asset Recovery Associates. Our client alleges that Asset Recovery Associates called both her home and cell phones, as well as her husband’s cell phone. During the conversations, our client alleges that Asset Recovery Associates threatened to file a lawsuit against our client if she didn’t pay. Asset Recovery Associates also threatened to place a lien on our client’s property.
The lawsuit charges that Cross Check violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by threatening violence; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening our client with attachment of her property; by threatening to take legal action without actually intending to do so; and by using unfair and unconscionable means to collect a debt. The lawsuit also charges that Asset Recovery Associates violated the Texas Debt Collection Act.