If you’ve ever had an unpaid debt go into collections, you may have encountered the aggressive tactics of FNB Omaha. This debt collection agency, based in Omaha, Nebraska, has developed a reputation for using heavy-handed and sometimes unethical methods to pursue consumers for payment.
With an address at 11808 Elm St, Omaha, NE 68144 and a phone number of (402) 697-3923, FNB Omaha is a company that many struggling consumers have had the misfortune of tangling with. But just because they are a large, professional debt collector doesn’t mean you have to simply roll over and pay whatever they demand.
There are strategies you can use to fight back against FNB Omaha’s bully tactics and ensure your rights as a consumer are protected. Let’s dive into how to properly deal with this aggressive agency.
Is FNB Omaha a Legitimate Debt Collector?
The first question many people have when contacted by FNB Omaha is whether this is even a real, legitimate debt collection company or just a scam operation. After all, there are plenty of debt collection scams out there trying to trick people.
The good news is that FNB Omaha, also known as FNB Omaha Holdings, is a legitimate debt buying and collection business. They have been in operation since 1987 and are a major accounts receivable management company.
However, just because FNB Omaha is a real business doesn’t mean the debt they are trying to collect from you is valid or that their methods are ethical or legal. This company has racked up hundreds of consumer complaints over the years.
FNB Omaha’s Shady Reputation
A quick online search reveals a lengthy trail of accusations and legal issues surrounding FNB Omaha’s debt collection practices:
- The Better Business Bureau has over 200 complaints against FNB Omaha, with many alleging harassment, attempts to collect invalid debts, and failure to provide adequate documentation.
- FNB Omaha has been sued numerous times in federal court by consumers accusing the company of violations of the Fair Debt Collection Practices Act (FDCPA). These include making false statements, using deceptive collection methods, and improperly reporting debts to credit bureaus.
- In 2015, the Federal Trade Commission took action against FNB Omaha for repeatedly violating the Fair Debt Collection Practices Act through unlawful collection tactics. The company was fined $3.5 million.
- Multiple state Attorneys General have investigated and taken action against FNB Omaha for unfair and deceptive business practices related to their debt buying and collection operations.
With a track record like that, it’s clear that FNB Omaha is a debt collector that consumers need to be extremely cautious about dealing with. Their pattern of unlawful behavior seems to know no bounds when it comes to squeezing money out of people.
Know Your Rights When FNB Omaha Calls
If the dreaded FNB Omaha has reached out demanding you pay an outstanding debt, don’t just take their word for it. The Fair Debt Collection Practices Act (FDCPA) gives you important rights that FNB Omaha must follow.
First, you can request what’s called “debt validation” by sending FNB Omaha a letter within 30 days of initial contact. This requires them to provide evidence and documentation proving that the debt is truly yours and the amount being claimed is accurate.
Many times, debt buyers like FNB Omaha simply purchase huge portfolios of old, defaulted debts for pennies on the dollar with little to no verification of the debt details. Requesting validation forces them to produce real proof before they can continue collection efforts.
Additionally, the FDCPA prohibits debt collectors like FNB Omaha from engaging in harassment, making false or misleading statements, or using unfair practices when attempting to collect a debt. Some examples of illegal behavior include:
- Calling you before 8am or after 9pm
- Contacting you at work after being told you can’t receive calls there
- Using profane or abusive language
- Threatening violence, arrest, or legal action they don’t actually intend to take
- Failing to identify themselves as debt collectors in every communication
If FNB Omaha oversteps these boundaries, you may have grounds to sue them in federal court for FDCPA violations. Statutory damages of up to $1,000 are available, plus potential compensation for any actual damages incurred.
Removing FNB Omaha from Your Credit Report
One of the most damaging things FNB Omaha can do is report the debt they claim you owe to the major credit bureaus like Experian, Equifax, and TransUnion. This can severely impact your credit score and make it harder to get approved for loans, credit cards, mortgages, and more.
However, you have the right to dispute any negative credit reporting with the bureaus and demand that FNB Omaha provides verification of the debt. If they fail to validate the debt properly, you can request that the negative mark be removed from your credit report entirely.
To dispute the debt with the credit bureaus, you’ll need to submit a written dispute along with copies of any supporting documentation you have, like your debt validation letter to FNB Omaha. The bureaus are then legally required to investigate the dispute within 30 days.
If FNB Omaha cannot validate the debt during this investigation period, the credit bureaus must remove the negative reporting from your credit file. This can help undo some of the credit score damage caused by the unverified collection account.
Responding to a Lawsuit from FNB Omaha
Despite their history of legal troubles, FNB Omaha is not afraid to file lawsuits against consumers in an attempt to collect debts. If you find yourself on the receiving end of a debt collection summons from this company, don’t panic but also don’t ignore it.
Failing to respond to a lawsuit can result in FNB Omaha obtaining a default judgment against you for the full amount they claim you owe, plus interest, fees, and court costs. This can lead to your wages being garnished or your bank accounts being frozen.
Instead, you’ll need to file a formal “Answer” with the court within the timeframe specified in the summons (usually 20-30 days). An Answer is your legal response laying out your defenses against FNB Omaha’s allegations.
In your Answer, you’ll want to:
- Deny owing the debt until FNB Omaha can provide proper documentation and verification as required by law.
- Raise any violations of the FDCPA as counterclaims against the company, such as making false statements, harassment, or unfair practices.
- Assert any affirmative defenses you may have, like the statute of limitations has expired on the debt or you were a victim of identity theft.
Don’t simply ignore a lawsuit from FNB Omaha or any other debt collector. Failing to respond can seriously damage your legal position and make it much harder to fight an unfair or unverified debt.
Taking FNB Omaha to Trial
If you properly Answer a lawsuit from FNB Omaha and they decide to proceed to trial, you’ll get the chance to scrutinize whatever evidence they claim proves you owe the debt. This is where shady debt buyers like FNB Omaha often fall apart.
Frequently, these companies purchase defaulted debts with little to no documentation from the original creditors. FNB Omaha may only have basic information like your name, an amount allegedly owed, and perhaps some account notes.
However, the burden will be on FNB Omaha at trial to provide complete verification of the debt’s origin, amount, chain of ownership, and their legal standing to pursue you for it. They’ll need to produce documentation like:
- The original creditor agreement or contract you signed
- An itemized account history from the original creditor showing all transactions
- Complete records of the debt’s sale and transfer to subsequent owners
- Calculations showing how interest, fees, and the current amount being sought were determined
If FNB Omaha is unable to produce this level of verification and documentation at trial, you have strong legal grounds to argue the debt is unenforceable and their case should be dismissed.
FNB Omaha has been caught many times in the past attempting to collect debts they couldn’t actually validate. Don’t let their intimidation tactics or aggressive legal posturing scare you into just rolling over.
The FNB Omaha Takeaway
No one enjoys being hounded by aggressive debt collectors like FNB Omaha. However, you do have rights that this company must follow under the FDCPA and other consumer protection laws.
Don’t simply accept FNB Omaha’s demands at face value. Request complete debt validation and documentation. If they violate laws in their collection efforts, you may be able to sue them. And if they take you to court, make them prove with solid evidence that you truly owe what they claim.
Unscrupulous debt buyers are banking on consumers not understanding their rights or being too intimidated to fight back. By knowing the laws and standing up for yourself, you can level the playing field against outfits like FNB Omaha.
