Goldman Schwartz, although not the law firm they claimed, threatened to take children into custody and charged bogus attorneys fees. Debtors were lied to and intimidated into making payments on payday loans or face imprisonment or other extreme illegal actions.
A federal court shut down Goldman Schwartz and froze the company’s bank accounts and other assets. It ruled in favor of the Federal Trade Commission who asked for the action in response to an investigation into a high number of serious complaints against the firm.
Goldman Schwartz was based in Houston, Texas. Some of the payday loan companies that the firm collected bad debts for include Ace Cash Express, Advance America, Allied Cash Advance, Checkmate, First Cash Advance and MoneyMart.
Imagine being told that if you do not pay, that the Sheriff would be sent to your home to arrest you and put you into prison, and that you would lose custody of your children. The firm knew which hot buttons to press to get people to pay. The problem though is that the debt collector’s tactics were grossly illegal.
The Fair Debt Collection Practices Act protects debtors from abusive debe collection techniques. It ensures that legitimate debt collectors play by a set of rules while attempting to collect on unpaid debts.
Goldman Schwartz allegedly committed other acts common to rogue debt collectors. These include claiming to be affiliated with law enforcement, using abusive language, harassing debtors over the phone, failing to adhere to legal calling hours, disclosing private details to employers and family, and finally, failing to provide verification of the debt to the debtor.
Any one of those acts could have resulted in $1,000 in damages payable to the debtor, if only they knew their rights. However, now that the debt collector’s assets are frozen, you would have a very difficult time collecting on a lawsuit even if you won. A court appointed receiver is now in charge of all assets of the agency. Still, rogue debt collectors rarely pay out for violations.
The FTC successfully argued that the collection agency had such a widespread history of committing serious consumer protection violations that it warranted forced closure. The principals of Goldman Schwartz, including owner (not an attorney) Barry Schwartz are all banned from further debt collection activities.
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