Credit Card Center Advertiser Disclosure

Regular Contributor
Posts: 111
Registered: ‎10-01-2007
0 Kudos

Anyone heard of this CA?

Stern & Associates in Greensboro, NC. Google just pulls up the information that they're a CA. A search of the various credit forums didn't find anything. They're on my husband's credit report 3 times. The OC and DOFD is the same on all 3, but they have different amounts. The account numbers are sequential. I know he didn't see the OC 3 times then so I'm inclined to think they're spreading the debt around to cause more damage. It comes to around $500 total. They just left a message stating that they're a law firm and gave a case number and a number to call back. Nowhere in the message did they state they were debt collector or that they were attempting to collect a debt. I don't remember them ever trying to contact him before. I get the mail so I would have saw it if they had.

A few questions
1) Aren't they supposed to identify theirselves as debt collectors?
2) Since this is the first contact, we should receive a letter from them in 5 days, correct?
3) Isn't it a violation for them to break up the debt and report it multiple times?
Frequent Contributor
Posts: 408
Registered: ‎10-31-2007
0 Kudos

Re: Anyone heard of this CA?

You have a very interesting case.
They just left a message stating that they're a law firm and gave a case number and a number to call back.
If they called you and was not able to talk to someone else, they have placed themselves in dilemma by leaving a message. Win win for you, lose lose for them. If they are indeed a debt collector, they need to include the disclosure that they are attempting to collect a debt in the ANSWERING MACHINE. This is because leaving a message in an answering machine constitute a form of "communication" :
Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006), the debt collector left a pre-recorded phone message at the debtor’s home, saying “Good day, we are calling from NCO Financial Systems regarding a personal business matter that requires your immediate attention. Please call back 1-866-701-1275 once again please call back, toll-free, 1-866-701-1275, this is not a solicitation.” The message did not mention a debt, but only a “personal business matter.” The court nevertheless found this to be a communication within the meaning of the FDCPA, stating “The FDCPA should be interpreted to cover communications that convey, directly or indirectly, any information relating to a debt, and not just when the debt collector discloses specific information about the particular debt being collected.”

Hosseinzadeh v. M.R.S. Associates, Inc., 387 F. Supp.2d 1104 (C.D. Cal. 2006), the debt collector left several messages of which the following is typical: “Hello, this is Thomas Hunt calling. Please have an adult contact me regarding some rather important information. This is not a sales call, however, regulations prevent me from leaving more details. You will want to contact me at 1-877-647-5945 as soon as possible. This is a toll free number. Once again this is Thomas Hunt calling and my number is 1-877-647-5945. Thank you.” The court found the messages to be communications even though, again, they did not explicitly mention the debt. The court also concluded that the messages violated the requirement of § 806(6), 15 U.S.C. § 16926(6), that debt collectors provide meaningful disclosure of their identity.

--- Source: Consumer Law and Public Policy Blog

They also have to inform you of your other rights as indicated in FDCPA.

Additionally, since they are a "LAW FIRM" and mentioned the word "CASE NUMBER", a least sophisticated consumer (the principle used by most court) may think that they are being sued. If you are not being sued, I believe thats already a violation.

§ 807. False or misleading representations: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... The false representation of— (A) the character, amount, or legal status of any debt; or ...
Moderator Emeritus
Posts: 7,326
Registered: ‎06-18-2007
0 Kudos

Re: Anyone heard of this CA?

They are a CA/ Law Firm!!!!  The message that they left is correct. They can not say that they are collecting a debt!
Moderator Emeritus
Posts: 9,252
Registered: ‎03-19-2007
0 Kudos

Re: Anyone heard of this CA?

Documents and get a copy of this message including a picture of the caller ID.
Sounds like they owe you 3K so far.
Valued Contributor
Posts: 2,292
Registered: ‎10-23-2007
0 Kudos

Re: Anyone heard of this CA?

THis same collection agency has popped out of nowhere, on my mothers experian credit report only, i dont remember them calling, or seeing anything in the mail. Since this is medical the best thing to do is start Hipaa process or should i send a regular DV?



I'm not a kid anymore, I've done a lot of growing up! Smiley Happy
Starting Scores Sept '15- EQ-555, TU-542-EX-536
Current Scores as of June '16 - EQ-592, TU-635. EX-629
Gardening since June2016
Moderator Emeritus
Posts: 32,865
Registered: ‎08-04-2007
0 Kudos

Re: Anyone heard of this CA?

HIPAA. I don't know the specific on the process, but you may want to post over in RYC.

Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
‡ Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.