Debt collectors like Performant cannot harass you over a debt. You have rights under the law, and we will stop the harassment once and for all.
THE BEST PART IS…
If Performant violated the law, you will get money damages and they will pay your attorney’s fees and costs. You won’t owe us a dime for our services. Plus, some of our clients also receive debt relief and cleaned-up credit reports. You have nothing to lose! Call us today at 888-572-0176 for a free consultation.
Who is Performant?
Performant is a third-party debt collection agency based in Livermore, California. Founded in 1976, this agency has been accredited by the Better Business Bureau (BBB) since 2010.
Performant specializes in health care collections, but also collects for student loan servicers and government agencies, and also offers data management and skip tracing services.
Performant’s Address, Phone Number, and Contact Information
Performant is located at 333 North Canyons Pkwy, Suite 100, Livermore, CA 94551. The main telephone number is 866-256-0057 and the main website is www.performantcorp.com/.
Phone Numbers Used by Performant
Like many debt collection agencies, Performant may use many different phone numbers to contact debtors. Here is one additional number Performant may be calling you from:
If you want to know just how unhappy consumers are with Performant, take a look at the lawsuits filed against the agency on the Public Access to Court Electronic Records (“PACER”). PACER is the U.S.’s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display over 400 lawsuits filed in the U.S., and these typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act (FDCPA).
The Fair Debt Collection Practices Act (FDCPA) is a federal law which 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 Performant 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 Performant 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 Performant took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Performant, 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 Performant 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 Performant 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.
Several states also have laws to provide its citizens an additional layer of protection. For example, if you live in California, Florida, Michigan, Montana, North Carolina, Pennsylvania, Texas, or Wisconsin, you may be able to add a state-law claim to your federal law claim above. North Carolina, for example, has one of the most consumer-friendly statutes in the country: if you live in NC and are harassed over a debt, you may receive $500 - $4,000 in damages per violation. We work with a local counsel in NC and our NC clients have received some great results in debt collection harassment cases. If you live in North Carolina and are being harassed by a debt collector, you have leverage to obtain a great settlement.
How do we Use the Law to Help You?
We will use state and federal laws to immediately stop Performant’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Performant 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. If you have a TCPA case against the agency, we will handle it based on a contingency fee and you won’t pay us a dime unless you win.
THAT’S NOT ALL…
We have helped thousands of consumers stop phone calls. We know how to stop the harassment and get you money damages. Once again: you will not pay us a dime for our services. We will help you based on a fee-shift provision and/or contingency fee, and the debt collector will pay your attorney’s fees and costs.
What if Performant is on my Credit Report?
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.
THE GOOD NEWS IS…
If Performant 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.
If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000, and the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency will pay your attorney’s fees and costs. You won’t owe us a dime for our services. We have helped hundreds of consumers fix inaccurate information on their credit reports, and we’re ready to help you, too.
Complaints against Performant
Here are some of the Better Business Bureau (BBB) reviews and complaints against Performant:
- “I had set up a payment arrangement with this company. They told me all interest would be dropped and no more would be added. I was also told this account would be removed from my credit and it’s still there. My bill goes up every month. And I haven't missed a single payment.”
- “Performant Recovery calls up my cell phone up to 5 times a day, but from different phone numbers. When I answer, the agent asks me for personal information to verify an account. I have never received anything in the mail from this agency nor have I ever received any email or additional communication regarding what this matter is. When I ask for clarification they tell me they can't give me information until I verify my personal information. I then ask to speak to a supervisor and they hang up or place me on hold and never return.”
- “This company has started calling me at work asking for my Social before ever telling me what it is in regards to. Told her it is illegal in the state of Missouri to contact someone at work, she stated it was not and got extremely rude. I told her to not ever call me back again and if she did I would be sending this to an attorney. They have called back three times today.”
Cases We’ve Handled Against Performant
I think you’ll agree when we say that threats and harassment from collection agencies can be pretty intimidating. However, we can stop the harassment and get you money damages under the law, and the collection agency will pay your attorneys’ fees and costs. Here are some cases we’ve handled against Performant:
- Ellen F. v. Performant - In July 2017, Ellen of Shawano County, Wisconsin, filed a claim against Performant for violations of the Fair Debt Collection Practices Act (FDCPA) and Wisconsin Consumer Act (WCA). Complaints consisted of harassing phone calls for an alleged debt, including to the plaintiff’s workplace and son, and unlawfully disclosing the alleged debt to parties other than the plaintiff.
What Our Clients Say about Us
“Michael Agruss handled two settlements for me with great results and he handled them quickly. He also settled my sister’s case quickly and now her debt is clear. I highly recommend Michael.”
“Agruss Law Firm was very helpful, they helped me solve my case regarding the unwanted calls. I would highly recommend them. Thank you very much Mike Agruss!”
“Agruss Law Firm was very helpful to me and my veteran father! We were harassed daily and even called names for a loan that was worthless! Agruss stepped in and not only did they stop harassing, they stopped calling altogether!! Even settled it so I was paid back for the problems they caused!”
Can Performant Sue Me?
Although anyone can sue anyone for any reason, we have not seen Performant sue consumers, and it’s likely that the agency does not sue because they don’t always own the debt they are attempting to collect, and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. It’s also likely that the agency collects debt throughout the country, and it would be quite difficult to have lawyers, or a law firm, licensed in every state. However, there are collection agencies that do sue consumers; for example, Midland Credit Management is one of the largest junk-debt buyers, and it also collects and sues on debt. Still, it is less likely for a debt collector to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If Performant has threatened to sue you, contact Agruss Law Firm, LLC as soon as possible.
Can Performant Garnish my Wages?
No, unless they have a judgment. If Performant 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 Performant has threatened to garnish your wages, contact our office right away.
If you want to settle a debt with Performant, ask yourself these questions first:
- Do I really owe this debt?
- Is this debt within the statute of limitations?
- Is this debt on my credit report?
- If I pay this debt, will Performant remove it from my credit report?
- If I pay this debt, will the original creditor remove it from my credit report?
- If I pay this debt, will I receive confirmation in writing from Performant 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, pay-for-delete, or any other legal issue with Performant, we at Agruss Law Firm are here to help you.
Top Debt Collection Violations
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:
- Called you about a debt you do not owe.
- Called you at work after you told them you cannot receive calls at work.
- Left you a message without identifying the company’s name.
- Left you a message without disclosing that the call is from a debt collector.
- Called third-parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
- Disclosed to a third-party (family, friends, coworkers, or neighbors) that you owe a debt.
- Contacted you after you said to stop calling.
- Threatened you with legal action (such as a lawsuit or wage garnishment).
- Called you before 8:00 AM or after 9:00 PM.
- Continued to call you after you have told the collector you cannot pay the debt.
- Communicated (phone or letter) with you after you filed for bankruptcy.
- Failed to mark the debt on your credit report as disputed after you disputed the debt.
Frequently Asked Questions
- Do I have to pay your fees and costs for helping me with my consumer rights case? No. We handle consumer rights cases based on a fee-shift provision and/or a contingency fee. That means either the other side pays your fees and costs, or we take a percentage of your recovery. Whether it’s a fee-shift case or a contingency-fee case, we don’t get paid unless you get paid, and you’ll never owe us a penny for our time.
- What are the damages I can get under the Fair Debt Collection Practices Act? If a collection agency violates any section of the FDCPA, you are entitled to damages up to $1,000.00. You may also be entitled to actual damages if the violation caused you out-of-pocket expenses. For example, if a collection agency threatens you with legal action to induce you to pay the debt, you may be able to get your payment back as actual damages.
- What are the damages under the Telephone Consumer Protection Act? You can get $500 per robocall, or $1,500 per robocall if the robocalls were willful. In any type of settlement, Defendants often pay much less than $500 per call. However, if there are 50 calls at issue, even at $250 per call, your case could settle for $12,500.00.
- What type of debt is covered under the Fair Debt Collection Practices Act? Only consumer debt, such as personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets.
- Does the Fair Debt Collection Practices Act apply to banks or credit card companies? No. Only third-party debt collectors are bound by the FDCPA. Original creditors, such as banks and credit card companies, are not bound by the FDCPA.
- Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide its citizens an additional layer of protection. If you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, or Wisconsin, you have additional state-law rights.
- Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans who have a mistake on their credit report? 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 maybe you were a victim of identity theft.
- What do I do if I have a mistake on my credit report? If you have a mistake on your credit report, there is a process to dispute them. My office will help you pull your credit report and dispute any inaccurate information. If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency pays your attorney’s fees and costs. Therefore, you will not pay me a penny for my time. To speed up the process, please get a free copy of your credit report at www.annualcreditreport.com. You can also learn more about the FCRA and your rights at http://www.agrussconsumerlaw.com/practices/common-credit-report-errors/.
Share your Complaints against Performant Below
We encourage you to post your complaints about Performant. Sharing your complaints against this agency can help other consumers understand what to do when this company starts calling. Sharing your experience may help someone else!
HERE’S THE DEAL!
If you are being harassed by Performant over a debt, you may be entitled to money damages – up to $1,000 for harassment, and $500 - $1,500 for illegal robocalls. Under state and federal laws, we will help you based on a fee-shift provision and/or contingency fee, which means the debt-collector pays your attorney’s fees and costs. You won’t owe us a dime for our services. We have settled thousands of debt collection harassment cases, and we’re prepared to help you, too. Contact Agruss Law Firm at 888-572-0176 to stop the harassment once and for all.
We are listening.
Submit a Comment filed by: danaabout 1 month ago
Performant employee looked at my Facebook profile and saw that I was volunteering at a local humane society, they called there, leaving a message for the Humane Society director saying they were from Performant and that "I would know what this was about" This was not my work, but a charitable org that I volunteered at.
Submit a Comment filed by: Eric10 months ago
I’ve received a letter in the mail that my wages will begin to be garnished next month for not paying $6300 debt. My current credit report shows otherwise. I’ve also never received a summons to go to court or that I’m being sued by Performant Recovery
Submit a Comment filed by: Lorraine Ellenover 3 years ago
I am an attorney in California trying to help a client whose Student Loans have gone to a harrassing debt collector who tacked on 2000.00 "fees and costs" to her balance. It's "Performant Recovery Inc." It's two Ford Direct Loans currently in default. She would like some kind of repayment plan or possibly settle for a reduced amount. Current balance roughly 8000.00!
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