The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to everyone in the United States. In other words, everyone is protected under the FDCPA, and this Act is a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things they must do while collecting debt. If Oakmont Recovery Group is harassing you over a debt, you have rights under the FDCPA.

The Telephone Consumer Protection Act (TCPA) protects you from robocalls, which are those annoying, automated, recorded calls that computers make all day long. You can tell it’s a robocall because either no one responds on the other end of the line, or there is a delay when you pick up the phone before a live person responds. You can receive $500 per call if Oakmont Recovery Group violates the TCPA. Have you received a message from this agency that sounds pre-recorded or cut-off at the beginning or end? These are tell-tale signs that the message is pre-recorded, and if you have these messages on your cell phone, you may have a TCPA case against the agency.

The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If Oakmont Recovery Group took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Oakmont Recovery Group, like most collection agencies, wants to set up recurring payments from consumers; imagine how much money it can earn if hundreds, even thousands, of consumers electronically pay them $50 – $100 or more per month. If you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did Oakmont Recovery Group continue to take electronic payments after you told them to stop? Did they take more money from your checking account than you agreed to?  If so, we can discuss your rights and potential case under the EFTA.

The Fair Credit Reporting Act (FCRA) works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. We’ve handled many cases in which a debt collection agency reported debt on a consumer’s credit report to obtain leverage over the consumer. If Oakmont Recovery Group is on your credit report, they may tell you that they’ll remove the debt from your credit report if you pay it; this is commonly known as “pay for delete.” If the original creditor is on your report rather than the debt collector, and you pay off the debt, both entities should accurately report this on your credit report.

We will use state and federal laws to immediately stop Oakmont Recovery Group’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Oakmont Recovery Group violates the FDCPA, EFTA, FCRA, or any state law, you may be entitled to money damages. For example, under the FDCPA, you may receive up to $1,000 in damages plus actual damages. The FDCPA also has a fee-shift provision, which means the debt collector will pay your attorney’s fees and costs.

Based on our experience, some debt collectors may credit-report, which means one may mark your credit report with the debt they are trying to collect. In addition to or instead of the debt collector, the original creditor may also be on your credit report in a separate entry, and it’s important to properly identify these entities because you will want both to update your credit report if or when you pay off the debt.

If Oakmont Recovery Group is on your credit report, we can help you dispute it. Mistakes on your credit report can be very costly: along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or even being a victim of identity theft. If you have a mistake on your credit report, there is a process to dispute it, and my office will help you obtain your credit report and dispute any inaccurate information.

No, unless they have a judgment. If Oakmont Recovery Group has not sued you, then the agency cannot get a judgment. Barring limited situations (usually involving debts owed to the government for student loans, taxes, etc.), a company must have a judgment in order to garnish someone’s wages. In short, we have not seen this agency file a lawsuit against a consumer, so the agency cannot garnish your wages, minus the exceptions listed above. If Oakmont Recovery Group has threatened to garnish your wages, contact our office right away.

If you want to settle a debt with Oakmont Recovery Group, ask yourself these questions first:

1. Do I really owe this debt?
2. Is this debt within the statute of limitations?
3. Is this debt on my credit report?
4. If I pay this debt, will Oakmont Recovery Group remove it from my credit report?
5. If I pay this debt, will the original creditor remove it from my credit report?
6. If I pay this debt, will I receive confirmation in writing from Oakmont Recovery Group for the payment and settlement terms?

These are not the only things to consider when dealing with debt collectors. We are here to help you answer the questions above, and much more. Whether it’s harassment, settlement, or any other issue with Oakmont Recovery Group, we at Consumer Protection Group are here to help you.

Debt collection laws provide a laundry list of what collectors can and cannot do while collecting a debt. Based on our years of experience handling thousands of debt collection harassment cases, here’s what collection agencies most often do to violate the law:

1. Called you about a debt you do not owe.
2. Called you at work after you told them you cannot receive calls at work.
3. Left you a message without identifying the company’s name.
4. Left you a message without disclosing that the call is from a debt collector.
5. Called third-parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
6. Disclosed to a third-party (family, friends, coworkers, or neighbors) that you owe a debt.
7. Contacted you after you said to stop calling.
8. Threatened you with legal action (such as a lawsuit or wage garnishment).
9. Called you before 8:00 AM or after 9:00 PM.
10. Continued to call you after you have told the collector you cannot pay the debt.
11. Communicated (phone or letter) with you after you filed for bankruptcy.
12. Failed to mark the debt on your credit report as disputed after you disputed the debt.