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STOP Collector Blog From the law firm of Lemberg & Associates

Lawsuit Filed Against Zeller & Associates

On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, District of Colorado, against Zeller & Associates.

Our client alleges that Zeller & Associates contact her in order to collect a $100 debt. During their first communication, our client told Zeller & Associates she was unemployed, and could only pay $10 a month towards the debt. The collector told our client that the amount was not acceptable and they would serve her with papers. The collection agency left pre-recorded voicemails on her cell phone that said there were calling about an “asset and liability investigation” and asked her to call their “pre-legal department.” After that, our client again offered to pay $10 a month to Zeller & Associates. The collector responded by asking our client to confirm her address, and then told her that they would immediately serve her papers at that address. Then our client asked Zeller & Associates for something in writing about the debt up to the present date. Zeller & Associates did not send her anything, including a letter that would inform her of her rights under federal law. In fact, Zeller & Associates told her that they don’t send out letters to debtors and she would be served papers.

The lawsuit charges that Zeller & Associates violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening to take legal action without actually intending to do so; by using unfair and unconscionable means to collect a debt; by failing to send a validation notice; by misrepresenting the character, amount, and legal status of a debt; by continuing collection efforts even though the debts had not been verified; and by employing false and deceptive means to collect a debt.

Comments

4 thoughts on “Lawsuit Filed Against Zeller & Associates
  1. I had my first conversation with this “firm” yesterday, July 22, 2013. I had previously been contacted by another “firm” Vanderbuilt and Associates on April 24, 2012 regarding the same account and the same client they were alledging to be collecting for on the debted account. Charles West at Zeller & Associates refused to tell me any specifics about the debt owed and would not confirm exactly where the original debt was from, just that it “could be” any nymber of gyms even though previously Vanderbuilt told me it was for a Bally’s Gym account. I never got information requested from Vanderbuilt back in 2012 and today I am sending a certified return receipt letter to Zeller & Associates requestion validation of the debt. We will see what happens.

  2. I spoke with this firm regarding past debt. I did not look them up or anything but set up a payment plan as I was attempting to clean up my credit. After paying them what they asked, I never received confirmation of anything in the mail and now cannot get through on their numbers. I think I was scammed out of money.

  3. I have never heard of this company or received anything in the mail from them. Have no idea what they are calling me on. They called my neighbor’s house phone yesterday!! I don’t even have their number. Tried calling them today and got no answer! how do I have them stop threatening me??

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Author
Sergei Lemberg

Sergei Lemberg is the principal at Lemberg & Associates, a consumer law firm that defends consumer rights in the areas of fair debt collection law, fair credit law, and lemon law, among others. He is regularly labeled by the debt collection industry as one of the “most active consumer attorneys” in the U.S.

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Stamford, CT 06905
855-229-9506
info@lemberglaw.com

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"The FDCPA is a consumer protection statute and was intended to permit, even encourage, attorneys like Lemberg to act as private attorney generals to pursue FDCPA claims."

U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
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