If you see an unknown collection account from a company named Tate and Kirlin Associates on your credit report, it’s logical that you would feel concerned.
However, if you know the history of this debt collection company based in Pennsylvania, you’ll have even more reason to be concerned before doing anything about the account. The knee-jerk reaction in this situation is to pay the account and forget about it.
Unfortunately, that could end up being one of the most expensive moves you could make. Before you pay anything, you have to make sure you know exactly who you are paying and why the collection might not be what it seems on your credit report.
What is Tate and Kirlin Associates?
Tate and Kirlin Associates, also known as TKA, is a third-party debt collection company that buys and attempts to collect debts from the original creditors. The debts they buy can vary greatly from one industry to the next. Here is their contact information:
Address: 4800 East Street Road, Suite 170, Feasterville Trevose, PA 19053-6660
Phone: (215) 464-4500 or toll-free (800) 355-0333
Email: tkainfo@tateandkirlin.biz
What’s on Your Report? Understanding the Facts
When it comes to rating debt collectors, the Better Business Bureau (BBB) saves its lowest grade, an F rating, for the worst of offenders. Tate and Kirlin Associates has earned this distinction, largely due to the company’s failure to respond to over 20 consumer complaints filed with the BBB. In the last three years alone, the BBB has received 76 complaints about this collection agency.
Federal court records tell an even more troubling story. Close to 200 federal lawsuits have been filed against Tate and Kirlin Associates, with the majority alleging violations of the Fair Debt Collection Practices Act (FDCPA). In some instances, the company failed to respond at all, resulting in default judgments against it.
In December 2020, a default judgment of $4,576 was entered in a case originating in the Eastern District of New York. Another federal case in Florida resulted in an award of $15,000 in damages for violations of the FDCPA, Telephone Consumer Protection Act (TCPA), and Fair Credit Reporting Act (FCRA). These cases are not anomalies; they are part of a long history of alleged misconduct.
Warning Signs of a Problematic Collection Entry
Before you decide what to do about a Tate and Kirlin Associates collection on your report, you need to carefully evaluate the entry for warning signs of a problem. The debt collection business is a volume game, and mistakes happen. In fact, a study by U.S. PIRGs found that 79% of credit reports contain errors or serious inaccuracies.
Unrecognized Accounts
If you do not recognize the original creditor on the collection entry, that is a giant red flag waving at you. Tate and Kirlin Associates has been accused of attempting to collect debts on behalf of a company called TRS Limited. Consumers have reported receiving collection notices for debts ranging from $119.97 to $179.97, all of which they claim they never owed.
In early 2017, the BBB issued an alert about this specific issue with Tate and Kirlin Associates. Consumers alleged that they never entered into an agreement with TRS Limited or that they returned items they ordered. The Colorado Springs Police Department even contacted the BBB about these suspicious collection activities.
If the original creditor is unfamiliar, along with the amount and nature of the debt, chances are good that this entry is not even yours.
Dubious Dates
The dates contained in a collection entry can tell you a lot about its legitimacy. What is the date of the original account opening? When did the account supposedly become delinquent? When did Tate and Kirlin Associates purchase it? These dates can tell a story of trouble.
One complaint filed with the Consumer Financial Protection Bureau (CFPB) accused Tate and Kirlin Associates of trying to illegally re-age a debt. Re-aging is a violation of the FCRA and artificially extends the amount of time a derogatory mark hurts your credit score.
If the dates on your report do not match the records in your files, or if an old debt suddenly shows up as a recent account, you have found a significant red flag.
The Hidden Dangers of Paying
When you see a collection entry on your report, your first instinct is probably to just pay it and move on. That is exactly what the collection agency is counting on. This is a business model that thrives on quick and easy resolutions. The longer a dispute drags on, the more it costs the collector in time, money, and man-hours that could be spent on the low-hanging fruit.
Payment Does Not Mean Removal
Here is a harsh reality that many consumers do not realize until it is too late: paying a collection changes the status from unpaid to paid, but the account remains on your report for up to 7 years from the original delinquency date. You paid your money, but the damage to your credit report remains.
Many lenders view a paid collection almost as negatively as an unpaid collection. The presence of a collection tells them you have had trouble in the past, regardless of the status of the debt today. You may have paid what you owed, but you have not repaired your credit.
The Problem of Verification
Debt collectors such as Tate and Kirlin Associates buy packages of thousands of debts from original creditors. When these debts change hands, so does the documentation. Sometimes this documentation gets lost, corrupted, or never existed in the first place.
When you request verification of a debt, you are not just asking questions. You are throwing down a gauntlet that the collector must meet by verifying their right to collect the debt and the amount they are claiming. Many debt collectors cannot meet this challenge because they do not have the documentation.
Federal court records indicate that Tate and Kirlin Associates has repeatedly been accused of attempting to collect debts that were previously discharged in bankruptcy or settled with another collection agency. If the company could not keep track of debts that no longer legally existed, why should you trust it can verify the debt it says you owe?
Arming Yourself in Your Battle with a Debt Collector
Information is power in the world of debt collection, and right now, the debt collector holds most of the cards. It has your name, your contact information, and whatever details about you came with the debt it purchased. Your goal is to shift this power dynamic while avoiding statements that the debt collector can use against you.
The Information Must Flow One Way
Any information you provide a debt collector immediately becomes ammunition it can fire back at you. Your current employer, the name of your bank, your new address, even a casual admission about the debt itself can all be used as weapons against you. Information must flow one way: from the debt collector to you.
Several reviews of Tate and Kirlin Associates posted on the company’s Google page detail problems consumers have had getting a straight answer. One Google reviewer wrote: Cannot reach anybody regarding why they are taking money out of my account and more importantly how they got my bank account info.
This consumer was forced to change his entire bank account because somehow his financial data had been compromised.
Do not volunteer information. Do not confirm information. Do not engage in casual conversation that might reveal details about your life or finances.
The Reality Behind the Threat of a Lawsuit
Debt collectors use the threat of a lawsuit to intimidate consumers into paying up. The fear of being sued or having your wages garnished can be enough to make you pay a debt you do not actually owe. But the reality of a collection lawsuit is far different from the threat.
It is unlikely, if not rare, for a collection agency to sue an individual consumer or attempt to garnish wages. The litigation and attorney fees involved can be more expensive than the debt itself. Debt collectors rely on fear because the reality of a lawsuit is not financially viable for most consumer debts.
In 2018, a class action was filed against Tate and Kirlin Associates alleging that its collection letters gave the false impression that a creditor had chosen not to file a lawsuit when, in fact, the creditor may have been legally prohibited from doing so. This distinction matters, particularly for time-barred debts where the statute of limitations has run out.
Disputing a Suspect Entry and Getting Professional Help
You have the legal right to dispute inaccurate information on your credit report under the FCRA. Once you initiate a dispute, the credit reporting agency has 30 days to investigate. If the collection agency cannot verify the debt, the entry must be removed.
Why You Should Not Go It Alone
Technically, you can dispute a collection on your own, but you are at a disadvantage. Debt collectors and credit reporting agencies deal in disputes all day, every day. They know the technical steps you must take, the legal technicalities to which you must adhere and the shortcuts that can derail your dispute.
One complaint filed with the BBB against Tate and Kirlin Associates captures the frustration many consumers feel in this situation: My husband and I are being harassed by Tate and Kirlin Associates. This bill was discharged in a bankruptcy in the 1990s. I sent a certified letter disputing the debt. They refused to discuss it.
Even if consumers do everything right, the debt collector may simply ignore their requests or continue reporting bad information. Without the professional insight into the proper escalation procedures and the pressure points on the regulatory agencies involved, consumers can reach a dead end.
When to Call in the Pros
Credit repair professionals understand the regulatory landscape governing debt collection. They know which violations justify escalation to the Consumer Financial Protection Bureau. They know how to document a pattern of behavior that strengthens your position.
Between September 2013 and December 2019 alone, the CFPB received over 122 complaints involving Tate and Kirlin Associates. The complaints included debt not owed or belonging to someone else, debts already paid or discharged in bankruptcy, failure to provide validation and contradictory credit reporting threats.
A professional can help you determine if your situation is part of a documented pattern of violations and craft the best strategy to pursue.
Reclaiming Your Credit Report
A Tate and Kirlin Associates collection is not a permanent part of your credit report. It is a problem that can potentially be fixed, but only if you approach it with the right strategy and a realistic understanding of what you are up against.
Gather Your Evidence
You need to start documenting your case today. Obtain copies of your credit reports from all three reporting bureaus and go through every detail of the Tate and Kirlin Associates entry. The dates, amounts, account numbers and original creditor, any discrepancies — everything — should be recorded.
If you have been contacted by this debt collector, keep everything. Letters, voicemails, call logs, text messages — it is all evidence. One reviewer of the company’s tactics posted this on the Tate and Kirlin Associates Yelp page: They call real early in the morning or even really late at night. Its constant harassment. They call up to 8 times a day.
This behavior, when documented, can help your case.
What’s Next?
You can remove collections from your credit report if they are inaccurate, erroneous, fraudulent or simply cannot be verified within a reasonable amount of time. Given the documented history of this debt collector, from non-compliance to default judgments to the filed complaints from other consumers, the chances are good that there are problems with the way your debt is being reported.
The question is whether you know how to find those problems and use them effectively.
In Conclusion
Tate and Kirlin Associates has been around for more than 30 years, during which time it has earned an F rating from the Better Business Bureau, been the subject of nearly 200 federal lawsuits and developed a documented history of attempting to collect debts consumers say they do not owe. That history suggests the collection on your credit report warrants a long, hard look before you pay it.
The warning signs are there if you know where to look. An unfamiliar creditor, suspicious dates, dollar amounts that do not add up and aggressive collection practices can all be signs of inaccuracies that you can use to remove the collection.
Now Is the Time to Act
Do not let a collection agency with a documented history of non-compliance decide your financial fate.
The credit repair experts at FightCollections.com understand how to analyze a collection entry, identify the red flags and develop a strategy for removal, something individual consumers rarely achieve on their own.
Request your free case evaluation today to let us help you understand your credit report, evaluate the Tate and Kirlin Associates entry for potential problems and create a customized plan to pursue removal. You have rights under federal law, and we can help you enforce them.
Your credit score plays a role in nearly every major financial decision of your life, from the interest rate you pay on your mortgage to your ability to rent an apartment. A Tate and Kirlin Associates collection should not dictate your financial future if you have the professional guidance to help you navigate it.
