by Paul MankinWhat Is The Equal Credit Opportunity Act?
The Equal Credit Opportunity Act (ECOA) is a Federal law (15 U.S.C. § 1691 et seq.) enacted in 1974 to protect potential borrowers from discrimination by creditors during all stages of the credit application process and in connection with all aspects of credit transactions. The ECOA specially protects against discrimination on three categorical bases:
(1) an applicant’s race, color, religion, national origin, sex, marital status, or age (provided the applicant is at least 18 years of age and otherwise has the legal capacity to contract);
(2) the fact that all or part of an applicant’s income derives from a public assistance program; and
(3) an applicant’s good faith exercise of any right under the Consumer Credit Protection Act.
Requirements and prohibitions under the ECOA apply across the board to any person or business that regularly makes credit-lending decisions in the ordinary course of business, including, but not limited to, banks, finance companies, credit unions, bankcard businesses, and even retailers.
The protections afforded under Section (b)—known as “Regulation B”—of the ECOA are enforced by civil liability that may result in actual and/or punitive damages. In an individual action, a financial institution or other credit lender may be subject to as much as $10,000, and its liability in a class action law suit can arise to $500,000 or one-percent of the creditor’s net worth, whichever is less.
The intent of the ECOA is supported by its clearly defined prohibitions and requirements. The primary creditor restrictions under the ECOA include:
- Discrimination based on race, sex, age, national origin, or marital status.
- Discrimination based on an applicant’s use of public assistance.
- Requesting information regarding an applicant’s marital status if a candidate is applying for separate, unsecured credit, unless the applicant resides in a community property state or where the applicant is applying for joint credit (credit shared by a married couple) or credit that is secured with real property.
- Asking about the applicant’s plans to have, or to continue having, children.
- Disallowing regular sources of income, including reliable and predictable income from veteran’s benefits, welfare payments, Social Security payments, alimony, child support, and other comparable sources.
- Refusing to consider or otherwise discounting any income earned from a part-time job, pension, annuity, or a retirement benefits program.
Under the ECOA, creditors are required, with few exceptions, to respond to an applicant within 30 days of receiving a completed application for credit. The response must include notice of the action taken in response to the application, either in writing or orally, depending on the content of the notice.
In responding to an application where the creditor is denying credit to the applicant altogether or approving credit for an amount or on terms that differ from what the applicant requested, a creditor is also required to provide, or enable access to, the specific reason(s) for denying the requested credit to that applicant.
The ECOA mandates similar notice for other types of adverse action taken on a borrower’s account, including when the creditor closes an account, declines a request to increase a line of credit, makes a change to the terms of credit that negatively impacts a single account holder, or refuses to give comparable terms of credit to that originally requested by application.
by Paul MankinIs the debt collection agency Anderson, Crenshaw, & Associates, LLC harassing you?
What is Anderson, Crenshaw, & Associates, LLC?
Anderson, Crenshaw & Associates, LLC is a debt collection agency that was founded in Texas and incorporated in Utah in 2005.
Is Anderson, Crenshaw, & Associates, LLC a legit Debt Collection Agency
Anderson, Crenshaw, & Associates, LLC appears to be a law office that does some debt collection work, but the collections are likely done under a different business name. They have been recognized by the Better Business Bureau (BBB) since 2008 but are not BBB rated, are not accredited, and the owner of business has not claimed the BBB business listing.
Anderson, Crenshaw, & Associates, LLC Contact Information:
12801 N Central Expy Ste 250
Dallas, TX 75243-1704
(866) 400-3550 (phone)
(214) 368-2980 (alt. phone)
What kind of complaints does Anderson, Crenshaw, & Associates, LLC have against them?
There are no BBB complaints and no Consumer Finance Protection Bureau (CFPB) complaints, but that is likely only because Anderson, Crenshaw, & Associates, LLC is not recognized as a legitimate collector. Many complaint board entries describe blatant scams, and consumers should use caution when responding to anyone associated with this business.
Are Anderson, Crenshaw, & Associates, LLC’s Practices Legal?
The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect personal debts, including credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts. Under the FDCPA, debt collectors are, generally, allowed to call, send letters, send emails, or even send text messages to collect on debts, but they are not allowed to bother consumers at inconvenient times without the debtor’s permission or at locations such as a debtor’s place of employment unless personal calls are permitted by the employer.
Many of the consumer complaints lodged against collector like Anderson, Crenshaw, & Associates represent activity that might violate the FDCPA, including harassing consumers by repeatedly calling and then refusing to provide information sufficient to identity the debt or even refusing to discuss possible payment options. This behavior is indicative of the crooked collection practice where a collector will make feigned attempts at collecting on a debt solely for the appearance and record of the attempt. The collector often then plays the long game by repeating this behavior but preventing the consumer from actually paying off the debt until significant interest and other applicable costs have accrued. This a blatantly illegal practice under both state and federal law, and remedy is available to consumers who act in a timely manner. In addition to state remedies, you could be entitled to up to $1000.00 in statutory damages under the Fair Debt Collection Practices Act.
How can I defend myself against a debt collector like Anderson, Crenshaw, & Associates, LLC?
Complaints regarding a debt collector in any state may be filed with the Federal Trade Commission at www.ftc.gov or (877) FTC-HELP (877-382-4357), and complaints regarding any debt collector or other business can be made at BBB complaints. Texas residents can find consumer rights information on the Attorney General’s website at https://www.texasattorneygeneral.gov/consumer-protection. If you believe you have a claim for collector harassment or are a victim of another violation of state or federal debtor’s rights, you should speak with a consumer rights lawyer or debt collector harassment attorney immediately. Contact us today to discuss your matter and see how we can help at no cost to you.
by Paul MankinIs Vengroff, Williams & Associates, Inc. Harassing you?
Vengroff, Williams & Associates, Inc.
Vengroff, Williams & Associates, Inc. (Vengroff) is a third party debt collection agency that specializes in bad debt recovery, legal claims processing, worldwide litigation, medical collection, and subrogation. Vengroff serves clients in health care, transportation, manufacturing, technology, and service sectors. The company was founded in 1963 and is based in Anaheim, California with a satellite office located in Sarasota, Florida.
On its website, Vengroff touts that the company will take risks for its clients to obtain rewards. These risks appear to include violating federal and state consumer laws. According to the Consumer Financial Protection Board (CFPB), which is a government agency charged with protecting consumers from unfair, deceptive or abusive debt collection practices, Vengroff has been reported by numerous consumers for unsavory debt collection practices. Consumers complain that Vengroff engages in the following unlawful practices:.
- Attempting to collect a debt that is not owed by the consumer;
- Improperly discussing the consumer’s debt with a third party;
- Making false or misleading statements; and
- Refusing to validate or provide proof of a debt.
A complaint filed with the Better Business Bureau describes one consumers’ nightmarish encounter with Vengroff. The consumer reported that Vengroff called dozens of times attempting to collect a debt owed that resulted from a car accident. The consumer, however, had never been in a car accident. The consumer requested more information regarding the accident. At first Vengroff stated that the accident occurred in Sarasota, Florida, but each time the consumer spoke to Vengroff, Vengroff provided a different location for the accident. Because Vengroff could not provide consistent information regarding the location of the accident, the consumer made a formal request for Vengroff to provide proof of the debt in accordance with the Fair Debt Collection Practices Act (FDCPA). Vengroff refused.
The FDCPA expressly allows consumers to request a creditor or debt collector to send proof of the debt. Within five (5) days after its initial communication, the creditor or debt collector must send a notice, referred to as the G-Notice. A consumer then has thirty (30) days to dispute a debt and to request proof of the debt. Failure to respond to the request for proof of a debt is a direct violation of the law.
In this situation, the consumer took it upon himself to track down the police report for the accident only to find that the consumer had a similar name to the actual responsible party. Only after filing a complaint with the Better Business Bureau, Vengroff closed the account and ceased communication with the consumer.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold Vengroff accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinAxis Financial Services, Inc
Axis Financial Services, Inc. is a debt collection agency located in Carlsbad, California. It has been in business since 1999 and also uses the name Axis Financial Services Inc. The debt collection agency collects for all types of companies nationwide.
Contact Information:
2774 Gateway Rd
Carlsbad, CA 92009
Phone: (760) 929-6680
The Better Business Bureau (BBB) reports no consumer complaints filed against Axis Financial Services, Inc. in the last three years. One consumer did post a review of Axis Financial Services, Inc on the BBB’s website. The reviewer alleges that the collection agency charges an exorbitant amount of hidden fees. It appears however that the reviewer may have the company from whom he/she got the loan confused with the collection agency charged with collecting a past due account, as the review says that the consumer took out a vehicle loan from Axis Financial Services, Inc. and the collection agency does not provide this service.
The Consumer Financial Protection Bureau (CFPB) also reports no complaints filed against Axis Financial Services, Inc.
The Fair Debt Collection Practices Act (FDCPA), which was enacted to help protect consumers from unfair, deceptive, and abusive collection practices prohibits debt collectors from using certain tactics in order to collect on a debt. Some specific practices the Act prohibits include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Failing to provide debt validation to a consumer
- Falsely implying that a consumer can be arrested for not paying a bill
- Continuing to call a consumer after receiving a letter asking them to cease all contact
- Attempting to collect fees that were not provided for in the original contract
- Failing to identify themselves and provide consumers with the mini-Miranda
- Using profane, obscene, or abusive language
- Calling a consumer at work when it knows the employer prohibits this type of call
The Act allows consumers to file a lawsuit against a debt collector who has violated its provisions. A lawsuit could result in the collection agency being ordered to stop communications with the consumer, forgive the balance due on the loan, offer a fair settlement agreement, pay the consumers attorney fees, or even pay the consumer for each violation of the Act.
If you believe that Axis Financial Services, Ind. is using any unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinIs A.R.M. Solutions Inc. Harassing You?
A.R.M. Solutions, Inc.
A.R.M. Solutions, Inc. (A.R.M.) provides third-party debt collection services for commercial, medical, propane and fuel, waste management, media subscription, and insurance industries. A.R.M. is based in Camarillo, California. In 2009, Forbes listed A.R.M. as one of the top ten (10) debt collection agencies.
The Consumer Financial Protection Board (CFPB) is a government agency charged with protecting consumers from unfair, deceptive or abusive debt collection practices. The CFPB has received 119 complaints against A.R.M. for unfair and abusive debt collection practices. Consumers complain that A.R.M. engages in the following practices:
- Attempting to collect a debt that is not owed by the consumer;
- Harassing consumers by making repeated and frequent calls;
- Threatening to harm credit if payment is not made; and
- Refusing to validate or provide proof of a debt.
In one example of A.R.M.’s unsavory debt collection practices, a consumer received threats to either make a payment or have their credit score lowered. The consumer received a letter from A.R.M. stating that they owed a debt for a magazine subscription; however, the consumer had never signed up for the subscription service or received any magazines. The consumer contacted the magazine company and was informed that the company had no information regarding the consumer in their database. The consumer then requested that A.R.M. provide proof of the debt. A.R.M. not only ignored the request for validation of the debt, but also continued to send letters threatening to report the debt to the credit bureaus. The consumer filed a complaint with the CFPB and the matter was subsequently resolved to the satisfaction of the consumer.
In this example, A.R.M. engaged in two separate violations of the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RDCPA). The FDCPA expressly allows consumers to request a creditor or debt collector to send proof of the debt. Within five (5) days after its initial communication, the creditor or debt collector must send a notice, referred to as the G-Notice. A consumer then has thirty (30) days to dispute a debt and to request proof of the debt. By refusing to provide proof of the debt, A.R.M. violated the law.
Additionally, A.R.M. violated the law by threatening to report the consumer’s debt to the credit bureaus. The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit debt collectors and creditors from threatening to report a debt to a credit bureau when the debt collector has no intention to do so. This is considered a false and misleading representation that is designed to intimidate or force the consumer to make a payment.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold A.R.M. accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinIs Eagle Accounts Group, Inc. Harassing You?
Eagle Accounts Group, Inc. is a debt collection agency that has been doing business for 46 years. It is located in Indianapolis, Indiana and collects for healthcare providers and governmental agencies (child support).
Contact Information:
Eagle Accounts Group
PO Box 17400
Indianapolis, IN 46217
Toll free 800-878-5165 or (317-887-5165)
Email:
For Government debt:
[email protected]
For all other inquiries:
[email protected]
Eagle Accounts Group, Inc. has two Better Business Bureau (BBB) complaints that were closed in the last three years, and one in the last twelve months. The complaints pertain to unfair reporting to the credit reporting agencies. The Consumer Protection Bureau has received 29 complaints about Eagle Accounts Group, Inc. since 2016. The majority of these complaints involve debts being reported to credit reporting agencies that are already paid or do not belong to the consumer.
This collection agency apparently refuses to recognize debts as paid, even after receiving a court order declaring the debt current or paid in full.
If Eagle Account Group, Inc. is harassing or abusing you or reporting inaccurate information to any of the three credit reporting agencies, they may be violating the law. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinIs the debt collection agency Asset Collection Experts harassing you?
How often do you get calls about a debt or bill that needs to be paid? For some, it can be once a day. For others, it can be as many times as five to 10 times per day. They can call at any time, any place, and always seem to be able to contact you even if you block them.
So who are they? Well, debt collectors can run in many circles, some illegal and some legal. Asset Collection Experts is a collection agency that doesn’t have much information on them. So who are they, and should you listen to them? Here is what you need to know if you have been contacted by the the debt collection agency Asset Collection Experts.
What is Asset Collection Experts?
Asset Collection Experts is listed as a debt collection agency working primarily out of Colorado. With their headquarters located in Colorado Springs, they have also been known to go by the name Ace Adjustment Co. as well. There is no listed profile for Asset Collection Experts, nor is there a profile for Ace Adjustment Co, in the Better Business Bureau Database. As such, it is assumed that they may be using multiple unknown aliases.
Is Asset Collection Experts a legit Debt Collection Agency?
Asset Collection Experts should be considered a legitimate debt collection agency in name primarily. Founded in 1969, known information states that it is run by Richard Mills who is listed as the president of the company. They are extremely small, only having around 10 employees, so it makes many assume that they should have quite a few complaints and complications.
Asset Collection Experts Contact Information
Address: 1520 N Union Blvd #103, Colorado Springs, CO 80909
Phone Number: 1-719-634-7707
Website: Paidinspades.com
Of note: Information on Asset Collection Experts is quite scarce. Some information may be outdated, as well as misplaced from the company itself. There is also a high chance of Asset Collection Experts using false identities and company names.
Does Asset Collection Experts have Complaints against them?
Asset Collection Experts is a bit of an enigma. There are no registered complaints against Asset Collection Experts in the BBB database, or in the Consumer Financial Protection Bureau’s Consumer Complaint Database. Neither is their alias, Ace Adjustment Co.
These two issues seem to suggest that Asset Collection Experts is the overhead name, with the actual company calling under different names entirely. If this is true, Asset Collection Experts are in violation of the Fair Debt Collection Practices Act’s (FDCPA) laws and guidelines.
There are some noteworthy issues with Asset Collection Experts, however. PACER shows that there is record of a 2013 case between Ace Adjustment Co./Asset Collection Experts and one Jonathan Hemphill. In this case, it was stated that Hemphill was served a summons and complaint from Asset Collection Experts with regard to collecting a debt. They used derogatory and offensive language with him, as well as threatened him with legal and monetary problems, stating that they would be saddling him with the legal fees on the debt as well. Because of this, he ended up paying them the set amount, but later hired an attorney to sue the company for violating the Fair Debt Collection Practices Act (FDCPA) in the following ways:
- Using Abusive Language
- Misinformation about Debt Amount
- Using Abusive and Harassment in an attempt to collect on the debt
- Using unfair and unconscionable means to collect the debt
- Using false, misleading, and deceptive methods to collect on the debt
It appears that this case resolved with a settlement in favor of Mr. Hemphill. The details of this settlement and whether Asset Collection Experts had to pay money is unknown.
Are the Practices of Asset Collection Experts Legal?
As noticed by the aforementioned case, the Fair Debt Collection Practices Act safeguards you against many illegal and inappropriate collection practices employed by debt collectors. The debt collection harassment can come in many forms, and the case of Mr. Hemphill and Asset Collection Experts is just one such example.
In the FDCPA, it explicitly states that a debt collection agency/representative may not use the following in an attempt to collect on a debt:
- Excessively obscene or profane language
- Repeated calls after being told not to call/robocalls
- Falsifying claims of legal action
- Misrepresentation of debt amount
- Lying about who they are
- Call you at work, or at inappropriate times
How can I protect myself and fight back against Asset Collection Experts?
If you or your loved ones have been contacted by Asset Collection Experts, or Ace Adjustment Co., then you need to know how to defend yourself against their illegal tactics. Thankfully, there are plenty of steps you can take to safeguard yourself against their practices.
The first step is to authenticate the debt. Asking for authentication of the debt is standard, and is well within your right as a consumer and debtor. The authentication can be done in many ways, including asking the representative that you are speaking to for the original debt holder’s information and phone number so that you can get in contact with them, or asking for a written letter with said information on it. If they are not able to authenticate the debt, then you are under no obligation to pay the debt.
The next step to take is to tell them to stop calling and contacting you. This is also within your right, and is allowed. Once you have stated as such, and they continue, it is considered debt collector harassment, and you have the right to take them to court over it. If you do plan to make a case, it is important to try to get in touch with a knowledgeable debt collection harassment attorney or lawyer. We here at Law Office of Paul Mankin, APC make sure our legal team is up to date on the latest cases and laws surrounding debt collection harassment. We are able to assist you in identifying debt collector harassment, stopping the harassment, and reporting the harassment to the proper authorities.
Not only can we help you to defend against harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.
The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:
- Multiple calls per week from a third party collection agency
- Multiple calls in the early morning or late night from debt collectors.
- Violent and belligerent language and harassment from debt collectors.
- Threats of arrests or poor credit due to outstanding debts.
- Having your friends, family, and coworkers harassed from debt collectors.
- Automated robocalls from third party collection agencies.
Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.
by Paul MankinIs the debt collection agency Amcol Systems harassing you?
Have you been contacted by Amcol Systems? Unsure of who they are or what they do? Being contacted by a debt collection agency can be extremely scary, and if you have been on the receiving end of a call from Amcol Systems, here are the things you need to know about them moving forward.
What is Amcol Systems?
Amcol Systems is listed as a debt collection agency that has been in service for many years. They work to help with self-pay debts, debt recovery, and insurance resolutions. They specialize in self-pay collection, bad debt recovery, insurance claims resolution, and revenue cycle solutions exclusively for the healthcare industry.
Is Amcol Systems a legit debt collection agency?
Although they work in other facilities, they are a legitimate debt collection agency. According to the Better Business Bureau, they have been in business for 35 years, having been started in 1984 in South Carolina. Since then, they had their BBB file opened in 1986, and became accredited in 2013. They currently hold over 200 employees and have an A+ Rating with the BBB. However, they currently have 1 star out of 5 stars on their review, with one customer review made.
Amcol Systems Contact Information
Address: 111 Lancewood Rd Columbia, SC 29210-7523
Website: http://www.amcolsystems.com
Phone Number: 1-803-798-6370
Other Phone:
Fax Number: 1-803-798-4966
Does Amcol Systems have complaints against them?
Amcol Systems currently has 3 customer complaints listed against them on the BBB database. They also have a single customer review on their database against Amcol Systems.
Amazingly, when searching for Amcol through the Consumer Financial Protection Bureau’s Consumer Complaint Database, there were over 490 complaints lodged against Amcol Systems.
What kind of Complaints have been made?
The complaints lodged on the BBB database deal with attempts to collect on debts, and improper information used to try and elicit payments from consumers without their knowledge. All 3 of the complaints against Amcol Systems on the BBB are related to billing and collections.
The review given on the BBB website states that the Amcol representative was rude and abusive in terms of language used and questions asked.
Of the 490 complaints made against Amcol Systems on the CFPB’s CCD, the top three issues stated were debt collection attempts on invalid debts (119), continued attempts to collect on debts not owed (92), and misinformation or no written notification of debt (87). There are plenty of other issues, such as aggressive and negative language used to try to elicit payments, or threats to take legal action against the consumers.
Are the Practices of Amcol Systems Legal?
According to the Fair Debt Collections Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act (RFDCPA), most, if not all, of Amcol Systems’ practices are considered harassment and predatory in nature. The FDCPA is a set of rules and guidelines specifically tailored to help consumers, such as yourself, be protected against harassment and aggressive practices from debt collectors. These include, but are not limited to:
- Excessive and harassing phone calls and robocalls
- Contacting family, friends, and your work
- Aggressive and threatening legal action
- Misguiding or misinformation given to consumers
Of these listed reasons, Amcol Systems has a complaint lodged against them for these very practices. As such, their tactics are not legal and violate the FDCPA.
How can I protect myself and fight back against Amcol Systems?
There are a few steps that you can take to help protect yourself against Amcol Systems. The first is to get verification of the debt before they attempt to contact you further. Verifying the debt ensures that they cannot try to swindle you out of your money or attempt to get more than what is originally owed. Verification can come in many forms, such as a letter stating the debt amount, as well as the original debt holder, and can also be done through getting an online verification number for an online database where the debt information is kept.
If they continue to harass you and threaten you, look towards hiring a knowledgeable and experienced debt collection harassment attorney to assist you against Amcol Systems. We here at the Law Office of Paul Mankin, APC, have an experienced roster of debt collection harassment attorneys that have dealt with multiple debt collection harassment cases. We can assist you in identifying and documenting their harassment, as well as getting them to stop their calls and letters and reporting them to the proper authorities.
Not only can we help you to defend against debt collection harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.
The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:
- Multiple calls per week from a third-party collection agency
- Multiple calls in the early morning or late night from debt collectors.
- Violent and belligerent language and harassment from debt collectors.
- Threats of arrests or poor credit due to outstanding debts.
- Having your friends, family, and coworkers harassed from debt collectors.
- Automated robocalls from third party collection agencies.
Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.
by Paul MankinAccount Recovery Services, Inc.
Account Recovery Services, Inc. is a debt collection agency located in Goodyear, Arizona. It has been in business since 1992 and collects for all types of companies nationwide but specializes in collecting for the healthcare industry.
Contact Information:
PO Box 7648
Goodyear, AZ 85338-0645
Phone: (480) 483-2190
The Consumer Financial Protection Bureau (CFPB) and the Better Business Bureau (BBB) report a handful of complaints filed against Account Recovery Services, Inc. Complaints allege that the debt collection agency:
- Attempted to collect on a debt that was discharged in bankruptcy
- Refused to validate the debt
- Reported false information to the credit reporting agencies
Used abusive language when attempting to collect on a debt - Attempted to collect the wrong amount
- Failed to report a debt as disputed
The majority of the complaints against Account Recovery Services, Inc allege that the company is attempting to collect on a medical bill that should have been paid by the insurance company. This can be frustrating for consumer because the collection company cannot contact the insurance company in order to assist the consumer in resolving the matter because of privacy laws. It is up to the consumer to work it out with the insurance company and their healthcare provider and the collection agency will continue collection attempts until the healthcare provider tells them that the debt has been paid. If you are being harassed by Account Recovery Services, Inc. to pay a medical bill that your insurance company is responsible for, please see this article for information on what you can do to resolve the issue.
The Fair Debt Collection Practices Act (FDCPA), which was enacted to help protect consumers from unfair, deceptive, and abusive collection practices prohibits debt collectors from using certain practices when attempting to collect on a debt. Some of the practices the Act specifically prohibits include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Failing to provide debt validation to a consumer
- Attempting to collect fees that were not provided for in the original contract
- Failing to identify themselves and provide consumers with the mini-Miranda
- Continuing to call a consumer after receiving a letter asking them to cease all contact
- Using profane, obscene, or abusive language Falsely implying that a consumer can be arrested for not paying a bill
This is not a complete list of the practices that are prohibited by the Act, and you believe that Account Recovery Services, Inc. is using any unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWhat happens if an auto dealer fails to register your vehicle or provide you with the title within 90 days of the sale?
**If you purchased a vehicle from a dealership 90 days or more ago and you still do not have your title or registration, contact us. We can most likely help you obtain title and/or registration, or force the dealer to return all your money.** Do not believe the dealer when it tells you COVID is causing the delay!
Purchasing a new vehicle can be a window into a new world for many people. If you have had the fortune of purchasing a vehicle after trading in your old one, then you know how liberating it can be.
However, there can be points that can cause you potential stress, even after the transfer has been completed. In some instances, the 10 day cooling off/cancellation period may not be over, which can give the dealership opportunities to try to put you under duress in terms of financial handling or financial interest loans and such.
However, the one situation and issue that often catches consumers and buyers off-guard is the potential of not getting your vehicle registered or title after you purchase it. If you have not received your vehicle registry within 60 days of the purchase from the dealership, or your title within 15 business days of purchase, you may be extremely worried, and is maybe something you need to look into for the future. Here is what you need to know when dealing with an auto dealer failing to register your vehicle or transferring title within the appropriate time frame.
What is a Vehicle Registry?
A vehicle registry is the most basic form of ownership that you can have after you make a purchase. This title shows that you own the vehicle, and that the ownership has been properly transferred from the dealership to your name. Registering the vehicle needs to be done within 30 to 60 days of having the vehicle purchased, and will be on the dealership to complete the necessary paperwork and have it sent in on time. Title of the vehicle must be transferred to your name within 15 business days of the purchase.
What to do when you haven’t received the Title?
There is a possibility that, within the 30 days, you do not receive the title and license plate to your new vehicle from the dealership. This can happen for many different reasons. The most common is that there was an error with the paperwork that was sent in by the dealership. This can be anything from a mis-signed agreement, to improper numbers not matching up with records.
If the paperwork was rejected, then dealership must complete and deliver the registration within 60 days. This may continue on for a period of time, but if the dealership is found to be prolonging the submission of the application, then they will have to pay a fee per improper submission.
At the end of the 60 days, if the dealership still has not been able to properly submit the paperwork, along with all relevant information, then they may be subject to penalties ranging from penalty fees to loss of their license.
In the case that the dealership has not even submitted the application to have the title changed into your name, they may be subjected to a small fee that they must pay. Additionally, if the dealership is knowingly failing to obtain a title for you, then they may be subject to having their dealership license suspended or revoked, depending on previous situations prior.
How this affects you
If you are currently going through this process, and are currently attempting to deal with a dealership that is slow to get your submission processed, you may be worried about your temporary license plate and tag. Thankfully, there are solutions to this.
If you are starting to reach the end of your 30 to 90 day temporary tag, then you are free to submit a request for an extension on the temporary tag. There are a few requirements to meet, and if you do meet them, then your request for an extension will almost always be verified and approved.
To do this, you will have to print off a request form, fill it out, and take it to your nearest county tag agent. If you have all proper verification and documents, they will issue you a new temporary 30-day operating permit without you having to pay anything for it.
If you do need to get a second extension, then some states do allow you to do so as long as you fill out the appropriate paperwork once again. However, in many areas, they may directly contact the dealership to understand the root of the issue, and to move the process along.
However, not obtaining an extension puts you in a difficult situation. Operating an un-permitted or registered vehicle is illegal in most states and can subject you to fines and tickets. This can be very expensive, especially for something that is not your fault.
Contact us if the dealership has been slow to provide you with title or registration for your vehicle
If you have waited more than 60 days to receive your vehicle registration or more than 15 business for title to be transferred to your name, contact an experienced vehicle title and registration attorney to stand up for your rights. We use consumer protection laws to force the dealer to register and/or transfer title to the vehicle in your name. If the dealer does not comply with our demands, there is further recourse we can take to ensure you are treated fairly. In some situations, you might be entitled to additional damages due to the dealerships tardiness. Having an experienced vehicle registration and title attorney walk you through this process will also help to ensure that you do not run into any pitfalls that may allow the dealership more time to delay providing you with registration and/or title to your vehicle.
Contact us at 1-800-219-3577 for a free evaluation.