McCarthy, Burgess & Wolff (MBW) is a third-party debt collection agency. It is one of the largest debt collectors in the United States, and it has been involved in a number of lawsuits.
One of the most common types of lawsuits against MBW is for violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that protects consumers from abusive debt collection practices.
Some of the most common FDCPA violations that MBW has been accused of include:
- Misrepresenting the amount of debt owed: MBW has been accused of sending debt collection letters that misrepresent the amount of debt that consumers owe. This can include adding on unauthorized fees or interest charges.
- Harassing consumers: MBW has been accused of harassing consumers by calling them multiple times a day, even at inconvenient times. The company has also been accused of threatening consumers with lawsuits or wage garnishment.
- Using false or misleading information: MBW has been accused of using false or misleading information in its debt collection letters. This can include misrepresenting the company’s affiliation with the original creditor or threatening consumers with actions that the company cannot take.
In addition to FDCPA violations, MBW has also been sued for violations of other state and federal laws, such as the Consumer Financial Protection Act and the Fair Credit Reporting Act.
Recent Lawsuits Against MBW
In recent years, MBW has been involved in a number of high-profile lawsuits. For example, in 2021, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against MBW alleging that the company had violated the FDCPA by using deceptive and abusive debt collection practices. The lawsuit alleged that MBW had misrepresented the amount of debt owed by consumers, had threatened consumers with lawsuits or wage garnishment, and had used false or misleading information in its debt collection letters.
The CFPB lawsuit was settled in 2022. As part of the settlement, MBW agreed to pay a $3 million fine and to change its debt collection practices.
Another high-profile lawsuit against MBW was filed in 2021 by a group of consumers who alleged that the company had violated the FDCPA by sending them debt collection letters that misrepresented the amount of debt they owed. The lawsuit alleged that MBW had added on unauthorized fees and interest charges to the consumers’ debts.
The lawsuit is still ongoing, but it has already resulted in some positive outcomes for consumers. For example, in 2022, a federal judge ordered MBW to send out corrected debt collection letters to the consumers who had filed the lawsuit.
What to Do If You Are Contacted by MBW
If you are contacted by MBW, it is important to know your rights. You have the right to request validation of the debt that MBW is claiming you owe. You also have the right to stop MBW from contacting you.
If you believe that MBW has violated your rights, you can file a complaint with the CFPB or with your state attorney general’s office. You can also sue MBW in court.
Conclusion
MBW is a large debt collection agency that has been involved in a number of lawsuits. If you are contacted by MBW, it is important to know your rights and to take steps to protect yourself.
FAQs
Q: What is the Fair Debt Collection Practices Act (FDCPA)?
A: The FDCPA is a federal law that protects consumers from abusive debt collection practices.
Q: What are some common FDCPA violations?
A: Some common FDCPA violations include misrepresenting the amount of debt owed, harassing consumers, and using false or misleading information.
Q: What should I do if I am contacted by MBW?
A: If you are contacted by MBW, you have the right to request validation of the debt that they are claiming you owe and to stop them from contacting you.
Q: Can I sue MBW for violating the FDCPA?
A: Yes, you can sue MBW for violating the FDCPA.
Q: What should I do if I believe that MBW has violated my rights?
A: If you believe that MBW has violated your rights, you can file a complaint with the CFPB or with your state attorney general’s office. You can also sue MBW in court.
Q: How can I protect myself from abusive debt collection practices?
A: There are a number of things you can do to protect yourself from abusive debt collection practices, such as keeping track of your debts, knowing your rights, and being careful about who you give your personal information to.
