If you've received a call or letter from Delanor Kemper & Associates, you're likely dealing with a debt collection attempt. Understanding who this company is, what they do, and how to properly handle their contact can make all the difference in protecting your rights and potentially resolving the matter favorably.
Who Is Delanor Kemper & Associates?
Delanor Kemper & Associates is a third-party debt collection agency based in Atlanta, Georgia. Unlike original creditors (the companies you initially borrowed from), they purchase old debts or work on behalf of other companies to collect money owed. They're what's known in the industry as a "debt buyer", purchasing portfolios of charged-off debts for pennies on the dollar and then attempting to collect the full amount from consumers.
The company operates as a limited liability company (LLC) and has been in the debt collection business for several years. They specialize in collecting various types of consumer debt, including credit card debt, medical bills, personal loans, and other unsecured debts that have been written off by the original creditor.
Are They Legitimate?
Yes, Delanor Kemper & Associates is a legitimate debt collection agency, but that doesn't mean they always operate within the bounds of the law. The Better Business Bureau shows they are not BBB accredited and have processed 33 complaints regarding their billing and collections policies, giving them an F rating, their lowest possible rating.
Being "legitimate" in the debt collection industry simply means they're registered to do business and collect debts. However, legitimacy doesn't equal trustworthiness or ethical behavior. Many victims of harassment have been awarded damages upwards of $1,000 against Delanor Kemper & Associates, and the company has had to pay plaintiffs' legal fees due to violations of federal debt collection laws.
What People Say: Reviews and Reputation
The reviews and feedback about Delanor Kemper & Associates paint a concerning picture. While there are some positive reviews indicating that proactive communication can bear fruit, not all reviews are glowingly positive. Many consumers report aggressive tactics and potential violations of federal debt collection laws.
Consumer complaints frequently mention:
- Excessive calling at inappropriate hours
- Threatening language and harassment
- Attempts to collect on debts that may not be valid
- Lack of proper debt validation when requested
- Misleading or false statements about consequences
In court cases filed against them, such as Piscitello v. Delanor Kemper & Associates, LLC, consumers have successfully sued for damages, with one plaintiff receiving around $9,000 in compensation. These legal victories demonstrate that their practices sometimes cross legal boundaries.
The company has been accused of violating the Fair Debt Collection Practices Act (FDCPA) through various illegal practices, including threatening arrest (which is prohibited) and calling consumers at inappropriate hours.
Who Do They Collect For?
Delanor Kemper & Associates typically works with various types of creditors and debt buyers, including:
Credit Card Companies: They often purchase or collect on behalf of major credit card issuers for accounts that have been charged off.
Medical Providers: Hospital systems, medical practices, and healthcare billing companies frequently use their services to collect unpaid medical bills.
Personal Loan Companies: Both traditional banks and alternative lending companies may use their services for defaulted personal loans.
Debt Buyers: Other debt purchasing companies may contract with them to collect on debt portfolios they've acquired.
Utility Companies: Some utility providers use their services for unpaid electricity, gas, or water bills.
Telecommunications: Cell phone companies and internet service providers sometimes employ them for unpaid service bills.
It's important to understand that when Delanor Kemper & Associates contacts you, they may not be the original creditor. They could be collecting on behalf of someone who purchased your debt multiple times over, making it crucial to verify the debt's validity and ownership.
Why Are They Contacting You?
There are several reasons why Delanor Kemper & Associates might be reaching out:
Recently Charged-Off Debt: Your account with an original creditor was closed and written off as a loss, then either sold to or assigned to them for collection.
Old Debt Revival: They may have purchased very old debt that previous collectors couldn't collect on, hoping you'll pay without questioning its validity.
Mistaken Identity: Sometimes debt collectors contact the wrong person due to similar names, addresses, or social security numbers.
Previously Settled Debt: In some cases, they might be attempting to collect on debt that was already settled or paid to a previous collector.
Statute of Limitations Issues: They may be collecting on debt that's beyond the legal time limit for collection in your state.
How to Handle Contact from Delanor Kemper & Associates
When dealing with any debt collector, including Delanor Kemper & Associates, it's essential to know your rights and respond strategically.
Step 1: Don't Ignore Them Completely
While your first instinct might be to avoid their calls, completely ignoring a debt collector can sometimes lead to a lawsuit. However, this doesn't mean you should immediately engage in detailed conversations about the debt.
Step 2: Request Debt Validation
Under the Fair Debt Collection Practices Act, you have 30 days from their first contact to request debt validation in writing. Send a certified letter asking them to provide:
- Proof that you owe the debt
- The original creditor's name
- The amount owed
- Proof of their authority to collect the debt
- A complete payment history
Step 3: Document Everything
Keep detailed records of all communications, including:
- Dates and times of calls
- Names of representatives you speak with
- What was said during conversations
- Any letters or emails received
- Your responses and actions taken
Step 4: Know Your Rights
Under the FDCPA, debt collectors cannot:
- Call before 8 AM or after 9 PM
- Call you at work if you've told them not to
- Use threatening, abusive, or obscene language
- Misrepresent the amount owed or consequences of non-payment
- Contact third parties about your debt (except your attorney)
- Continue calling after you've requested they stop
Step 5: Consider Your Options
Once you've validated the debt (if it's legitimate), you have several options:
Payment in Full: If you can afford it and the debt is valid, paying in full resolves the matter completely.
Settlement Negotiation: Clear communication with the debt collector can improve your chances of resolving a debt for a lesser amount than what is owed. Many debt collectors, including Delanor Kemper & Associates, will accept settlement offers for less than the full amount.
Payment Plan: If you can't pay in full but can make regular payments, they may accept a payment arrangement.
Dispute the Debt: If you believe the debt isn't yours or the amount is incorrect, you can formally dispute it.
Seek Legal Help: If they're violating federal law or you're facing a lawsuit, consulting with a consumer protection attorney might be beneficial.
Step 6: Communicate in Writing
Whenever possible, communicate with Delanor Kemper & Associates in writing rather than over the phone. Written communication provides documentation and prevents misunderstandings about what was agreed upon.
Step 7: Be Aware of Statute of Limitations
Each state has a statute of limitations on debt collection. If the debt is beyond this time limit, you may have a defense against collection efforts. However, be careful, acknowledging the debt or making any payment can restart the clock in some states.
Red Flags to Watch For
Be particularly cautious if Delanor Kemper & Associates:
- Refuses to provide debt validation when requested
- Threatens legal action they cannot or will not take
- Claims you'll be arrested for non-payment
- Demands immediate payment over the phone
- Won't provide their contact information in writing
- Calls repeatedly throughout the day
- Uses abusive or threatening language
When to Seek Legal Help
Consider consulting with a consumer protection attorney if:
- They're violating FDCPA regulations
- You're facing a lawsuit
- The debt amount is substantial
- They refuse to validate the debt
- You believe you're being harassed
- They're attempting to collect on time-barred debt
Many consumer protection attorneys work on contingency, meaning you don't pay unless you win your case.
Moving Forward
Dealing with debt collectors like Delanor Kemper & Associates doesn't have to be overwhelming. By understanding your rights, communicating strategically, and documenting everything, you can protect yourself while working toward a resolution.
Remember that debt collectors often purchase debts for a fraction of their face value, giving them significant room to negotiate. Don't let fear or intimidation prevent you from exercising your legal rights or exploring your options for resolving the debt on terms you can manage.
The key is to stay informed, remain calm, and approach the situation strategically rather than emotionally. Whether the debt is valid or not, you have rights under federal law that protect you from harassment and unfair practices.