Creditors like Upstart 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 Upstart violated the law, you may be entitled to money damages and Upstart will pay our 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 Upstart?
Upstart is a “non-traditional” online personal loan service based in San Mateo, California. Founded in 2012, it has been accredited by the Better Business Bureau (BBB) since 2015.
Upstart’s Address, Phone Number, and Contact Information
Upstart is located at 2950 S. Delaware Street, San Mateo, CA 94403-2199. The main telephone numbers are 855-438-8778 (toll-free) and 650-204-1000 and the main website is www.upstart.com/.
Phone Numbers Used by Upstart
Like many creditors, Upstart may use many different phone numbers to contact debtors. Here are additional numbers Upstart may be calling you from:
- 281-764-8302
- 407-448-0051
- 520-544-0844
- 646-416-6564
- 760-290-4556
Upstart Lawsuits
If you want to know just how unhappy consumers are with Upstart, take a look at the number of complaints consumers have made online. Nowadays, most original creditors, credit card companies, etc. have arbitration clauses, which means that if you have a complaint against that company, you must file your claim in arbitration. Arbitration limits discovery, is not public, has a limited appellate process, and, most importantly, is funded primarily by the banks and big businesses. While it can be difficult to get a fair chance in arbitration, the good news is we have filed hundreds of credit harassment cases in arbitration, and we know how to aggressively fight these cases against the big banks and businesses even when arbitration is necessary.
Upstart Complaints
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 Upstart 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 Upstart took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Upstart, 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 Upstart 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 a 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 Upstart 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 their 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 the 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 Upstart’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Upstart 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 attorneys’ 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 attorneys’ fees and costs.
What if Upstart 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 Upstart 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.
REMEMBER…
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 attorneys’ 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.
What Our Clients Say About Us
Mike Agruss Law has over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Here’s what some of our clients have to 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.”
“Mike Agruss Law was very helpful, they helped me solved my case regarding the unwanted calls. I would highly recommend them. Thank you very much Mike Agruss!”
“Mike Agruss Law 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!! He even settled it so I was paid back for the problems they caused!”
Can Upstart Sue Me?
Yes, Upstart can sue you. Upstart can hire a lawyer to file a breach of contract lawsuit against you for the underlying debt, fees, and costs. If you’ve been sued by Upstart, do not ignore the lawsuit; you may have defenses. If you ignore the lawsuit, the default will be entered and the agency may seek to garnish your wages. If you receive notice of a lawsuit, contact an experienced attorney as soon as possible, even if you intend to represent yourself pro se. If Upstart has threatened to sue you, contact Mike Agruss Law as soon as possible; we’re here to help.
Can Upstart Garnish My Wages?
Yes, if Upstart has a judgment entered against you. If Upstart is currently garnishing your wages or threatening to do so, contact our office as soon as possible.
Upstart Settlement
If you want to settle a debt with Upstart, 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 Upstart remove it from my credit report?
- If I pay this debt, will the third-party debt collector remove it from my credit report?
- If I pay this debt, will I receive written confirmation from Upstart confirming 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 Upstart, we at Mike Agruss Law are here to help you.
Top Debt Collection Violations
Debt collection laws provided 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 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 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, oftentimes Defendants 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.
- Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide their citizens an additional layer of protection. For example, if you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, and Wisconsin, you have additional state-law rights.
- What type of debt is covered under state laws that protect me from original creditors? Only consumer debt, such as personal, family, and household debts. For example, the money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. State laws usually do 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. That is, original creditors, such as credit card companies and banks, are not bound by the FDCPA.
- Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans that 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. This 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 Upstart Below
We encourage you to post your complaints about Upstart. 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 Upstart 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 attorneys’ 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 Mike Agruss Law at 888-572-0176 to stop the harassment once and for all.
