The Law Office of Paul Mankin

Is RCS Recovery Services, LLC Harassing You?

RCS Recovery Services, LLC is a debt collection agency doing business in Deerfield Beach, Florida. The company has been doing business since 2011 and collects on deficient mortgages. According to its website, RCS Recovery Services, LLC’s goal is to assist the consumer in resolving their deficient mortgage in a professional and respectful manner. The complaints filed against the debt collection agency however tell a different story.

Contact Information:

600 Fairway Dr Ste 108

Deerfield Beach, FL 33441-1806

(561) 244-2880

http://www.rcsrecovery.com/

The Better Business Bureau (BBB) has received three complaints about RCS Recovery Services, LLC in the last three years. These complaints allege that the collection company has made repeated telephone calls threatening legal action which was never taken, attempting to collect on an old debt, and refusing to provide verification of a debt. 17 complaints filed with the Consumer Financial Protection Bureau (CFPB) allege the same types of violations of the Fair Debt Collection Practices Act (FDCPA) as well as calling before 8:00 a.m. or after 9:00 p.m., attempting to collect on a debt discharged in bankruptcy, and telling consumers not to respond to a lawsuit they have filed.

In 2016, a consumer filed a class action complaint in the U.S. District Court in Florida against RCS Recovery Services, LLC and Glad Stone Law Group alleging the companies attempted to collect on a time barred debt (a debt so old that the statute of limitations does not allow collection attempts). The complaint also alleges that the law firm and debt collection agency failed to notify the consumers that making a payment on the time barred debt may revive the statute of limitations (cause the statute of limitations time limit to start all over again).  The Plaintiffs say that failing to inform consumers of the consequences of making a payment on a time barred debt is deceptive and misleading, and therefore a violation of the FDCPA.  The case was settled in 2017 without a public settlement agreement being filed. A search of Justia shows that the debt collection agency has been sued under the FDCPA several times; in Michigan, Florida, Illinois, Wisconsin, New York, and California.

Creditors and debt collectors may only attempt to collect on a debt for a certain period of time. Each state has a statute of limitations which sets that amount of time. The creditor or debt collector must sue before the statute of limitations is up, or they cannot attempt to collect on the debt. The time starts from the date the consumer made the last payment on the account. Therefore, if a debt collector can convince a consumer to make a payment on an account that is time barred, the time period allowed for collection attempts will start all over.

Is RCS Recovery Services, LLC attempting to collect on a debt that is time barred by the statute of limitations, threatening you with legal action, or harassing or annoying you? It is time to hold them accountable for their unlawful actions. Contact our office for a free, no obligation case review at 1-800-219-3577.