Sued by OneMain Financial Group?
We Can Help
OneMain Financial Group, LCC provides online loans to California consumers of $1500 to $20,000 at interest rates of up to 35.99%.
If OneMain has sued you to collect a debt, you must not ignore the summons. If you do, a judgment by default will be entered against you, allowing OneMain to seize your bank account or garnish your wages.
We are an experienced consumer law firm that has been successfully defending consumers against OneMain lawsuits for years.
When a OneMain loan defaults, OneMain sues in its own name to collect. Before suing, however, OneMain debt collectors have been known to harass consumers with multiple debt collection calls per day for days or for weeks on end. This is illegal and actionable as an unfair debt collection practice. If you have received “unreasonably frequent” debt-collection calls from OneMain Financial, you may be entitled to compensation, including the reduction or elimination of your debt.
To learn how we can protect you from OneMain Financial Group, call us at (877) 320-2389 or leave your information to the right and we will respond promptly.
Is OneMain Harassing You with Frequent Collection Calls?
OneMain Financial Group is a “debt collector” as that term is defined by the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”) Cal Civil Code § 1788 et. seq. Among the unfair debt collection practices which the RFDCPA prohibits is:
“Communicating, by telephone or in person, with the
debtor with such frequency as to be unreasonable and to constitute harassment to the debtor under the circumstances”.
Cal Civ Code § 1788.11(e)
So, what is an “unreasonable frequency”? Twice a day for an extended period? Sure. Three or more times per day? Certainly. Once a day? Maybe, depending on the time of day, the nature of the call and whether you have previously instructed OneMain not to call you.
If OneMain has attempted to collect your debt by calling you with “such frequency as to be unreasonable”, you are entitled to bring an RFDCPA action against OneMain for damages, attorneys’ fees and costs. This action can be brought either as a stand-alone lawsuit or, if you are a defendant in a OneMain debt-collection lawsuit, it can be brought as a cross-complaint. Elimination of the debt plus damages will be a goal of the settlement negotiations.
OneMain does not limit itself to telephone harassment, however.
Has OneMain Contacted Anyone Else About Your Debt?
With limited exception, unless the consumer has consented in writing or a communication is necessary to locate the consumer, the RFDCPA prohibits communication with third parties about a consumer debt, including the consumer's employer, family members other than a spouse or the guardian for a minor. Cal Civ Code § 1788.12.
When a debt collector calls your friends, family or employer to collect a consumer debt, the collector is violating the RFDCPA if the call is made for any other purpose than to determine your location, i.e., find you.
If you added credit references to OneMain Financial during the loan application process, you did not give OneMain written consent to inform these people about your indebtedness. If OneMain has informed third parties about your indebtedness, they have violated the RFDCPA.
To learn more about your rights against OneMain Financial Group whether you have been harassed by its debt collectors or need help defending a OneMain collection lawsuit, call us at (877) 320-2380.
Footnote: OneMain is not subject to the U.S. Fair Debt Collection Practices Act which defines "debt collector" as one who collects debts which are "owed or due, or asserted to be owed or due, to another." 15 U.S. Code Sec. 1692a (6)
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