A New Jersey man sued Cawley & Bergmann, LLP, a New York debt collector, and he alleged it violated the Fair Debt Collection Practices Act (FDCPA). His New Jersey federal court Complaint alleged that Cawley & Bergmann’s agents recorded numerous debt collection voicemails without disclosures required by the FDCPA. He is asking that the court enter a judgment against the debt collector and award him his damages, attorney’s fees, and costs.
“Debt collectors are highly regulated,” his attorney, Joseph A. Mullaney, III, stated, “and the FDCPA is specific in what Cawley & Bergmann can and cannot do when collecting alleged debts from consumers.” “When they do not follow the FDCPA, they should be brought to account before the courts,” he observed. “I am hoping my client’s lawsuit will introduce Cawley & Bergmann to the requirements of the FDCPA,” he remarked.
The consumer’s lawsuit highlights the importance of saving all voicemails recorded by debt collectors so that not only an experienced Consumer Rights Attorney can review them for FDCPA compliance, but so that they serve as the evidence needed to prove non-compliant debt collector telephone recordings in court.