Page 20 – The Law Office of Paul Mankin

Is second Alliance, Inc. Harassing You?

Second Alliance, Inc. (Second Alliance) provides student loan collection services. It is located in Canoga Park, California.

According to its website, Second Alliance’s core values are service, leadership, and integrity, with a focus on providing attention to the students, or in other words, the consumers. Although the Second Alliance promises to collect debts with integrity, consumer complaints depict a company that engages in unfair and abusive debt collection practices. The Better Business Bureau gives Second Alliance a B- rating for failing to respond to consumer complaints. Additionally, despite being in operation for twenty (20) years, Second Alliance is not accredited by the Better Business Bureau. To be accredited by the Better Business Bureau, a company must demonstrate trust, honesty, transparency, responsiveness, and integrity.

In addition to the Better Business Bureau, the Consumer Financial Protection Bureau (CFPB) has received numerous consumer complaints against Second Alliance. The CFPB is a government agency charged with protecting consumers from unfair, deceptive, or abusive debt collection practices. The Second Alliance is most commonly reported for engaging 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;
Attempting to collect an old debt;
Harassing consumers by calling repeatedly and calling at places of employment; and
Using obscene, profane, and/or abusive language.

A consumer filed a complaint with the Better Business Bureau because Second Alliance made repeated and continuous phone calls. The consumer reported receiving four (4) phone calls a day from Second Alliance. The consumer reported these harassing debt collection practices to the Better Business Bureau. As a result of that complaint, Second Alliance agreed to cease collection activities on that account.

The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) prevent creditors and debt collectors from abusive and harassing debt collection practices. This includes calling consumers repeatedly or continuously with the intent to annoy, abuse, or harass. Although federal and state law do not state the exact number of calls that would constitute harassment, there is a large volume of case law that interprets three (3) or more calls a day from the same debt collector to be harassing.

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 Second Alliance accountable. Please contact our office for a free, no-obligation consultation at 1-800-219-3577.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is the debt collection agency Asset Maximization Group harassing you?

When it comes to debt collection agencies, Asset Maximization Group is a new kid on the block. So, does this mean that they are legal and upright in how they conduct business? That is what we will let you know, as it is important to know who you are dealing with. Here is what you need to know if you have been contacted by Asset Maximization Group about a debt, and how to defend yourself against their harassment.

What is Asset Maximization Group?

Asset Maximization Group Inc. is listed as a debt collections agency based in New York. They are said to offer debt collection services to any and all people who need their help. They are said to serve the Metropolitan area of New York, and are headed by a Mr. T Neil Chan, who is listed as the president of the company.

Is Asset Maximization Group a legit Debt Collection Agency?

They are considered to be a legitimate debt collection agency. They were started in 2002, with their business file being opened in the Better Business Bureau database in 2007. They became accredited through the BBB in 2013 and have since been in operation for 17 years. They currently hold an A+ rating with the BBB, but have a 1-star out of 5-star average with one review on the BBB database.

Asset Maximization Group Contact Information

Address: PO Box 190191 S Richmond HI, NY 11419-0191

Website: Http://www.assetmax.net

Phone Number: 1-800-280-9770

Other Phone: 1-718-371-7000

Known Names: AssetMax

Does Asset Maximization Group have Complaints against them?

Asset Maximization Group does have quite a few complaints made against it. Through the BBB database, there are 5 listed complaints that were closed within the last 3 years, with 1 being made within the last 12 months. They also have 1 customer review on the BBB database that rates them at 1 star out of 5 stars.

The Consumer Financial Protection Bureau’s Consumer Complaint Database shows 16 complaints matched to Asset Maximization Group as well.

What kind of Complaints have been made?

The complaints vary in issue and problem, but many center around the method of debt collection, as well as the amount that they attempted to collect. The BBB database shows that all 5 of the complaints made are due to billing or collection issues. Indeed, the complaints made dealt with the collection practices and methods being used that are illegal and predatory in nature. These include attempts at contacting family members and giving false information while not authenticating the debts.

The CFPB’s CCD shows that the complaints made against Asset Maximization Group also deal with collection methods, as well as misinformation given by the debt collection agency that borders on illegal practices. According to the complaints, many of the complaints state that the debts were already paid, or that the debts were not authorized for payments, and that the debt collection representatives attempted to utilize improper collection methods.

These methods that have been described above are dangerous and highly illegal if true. According to the Federal Debt Collection Practice Act, a debt collection agency or representative may not use the following when attempting to collect on a debt:

Excessive calls/robocalls
Threatening or abusive language
Improper language or contact with family members/workplace
Misinformation or intentionally misguided information
Threats of legal action and repercussions

Of those listed above, Asset Maximization Group has broken each of the Fair Debt Collection Practices Act’s (FDCPA) laws and guidelines. These put them in illegal territory, with their actions being labeled as illegal and punishable by law. This is what is known as debt collection harassment, and should be reported to the proper authorities.

How can I protect myself and fight back against Asset Maximization Group?

There are many ways that you can protect yourself against the predatory nature of Asset Maximization Group. The first step is to ask for authentication of the debt in question. Authenticating a debt just means you verify that the debt is legitimate and that they are not trying to scam you. This can be done by asking the debt collection agency for a detailed report of the debt, or asking to get in contact with the original debt holder before paying the debt. You may also ask to verify the representative’s place of work, ensuring that you are not talking to a scammer just using the Asset Maximization Group’s name.

Once you have verified the debt, you can ask them to stop the calls and harassment. This is well within your rights and is covered by the FDCPA. If they do not comply and continue to try to call and get in touch with you, you may have a legal case on your hands. It is best to then look to hire a knowledgeable and professional debt collection harassment attorney or lawyer. We here at the Law Office of Paul Mankin are well-known for dealing with such cases and have an excellent team ready to back you up. We can assist you in identifying the harassment, documenting it, and then reporting it to the proper authorities for good measure.

Not only can we help you defend against harassment, but we can also help 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 by 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.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Are You Receiving Harassing Phone Calls From American Express?

American Express Company (AMEX) is a Fortune 500 Company that provides charge and credit cards and travel services to consumers. AMEX was founded in 1850 and is headquartered in New York, New York. According to the company’s website, AMEX has $189 billion in assets and a net income of approximately $6.9 billion. Its mission statement is to enrich customers’ lives, have their backs, and provide AMEX’s special brand of service.

But instead of having customers’ backs, AMEX often engages in creditor harassment. Consumers have filed numerous complaints against AMEX with the Better Business Bureau. In the past three (3) years, 3,038 complaints have been filed, and 707 of those complaints are related to AMEX’s billing and debt collection practices. Specifically, AMEX has been accused of the following illegal debt collection practices:

Attempting to collect a debt that is not owed by the consumer;
Attempting to collect a debt that has been paid;
Repeatedly contacting a consumer after being informed in writing to cease communication; and
Refusing to validate or provide proof of a debt.

In 2012, the Consumer Financial Protection Bureau (CFPB), a Government agency charged with protecting consumers from unfair, deceptive, and abusive debt collection practices, ordered AMEX to pay approximately $85 million to over 250,000 consumers for illegal credit card practices. The CFPB found that AMEX violated consumer protection laws at every stage of its consumer experience, including debt collection. As part of its debt collection practices, AMEX deceitfully misled consumers into believing that if they paid off old debt, then the payment would be reported to the credit bureaus and their credit scores would be improved. These were false statements because AMEX did not report the payments to the credit bureaus, and even if they had, most of the debt was so old that it would not have had any impact on the consumers’ credit reports.

Both federal and California state law prohibit such deceptive practices. The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) expressly prohibit creditors and debt collectors from making false and misleading representations to consumers.

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 AMEX accountable. Please contact our office for a free, no-obligation consultation at 1-800-219-3577.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is Account Control Systems harassing you?

Account Control Systems is a debt collection agency located in Montvale, New Jersey. It has been in business since 1999 and also uses the name Account Control Systems, Inc. The debt collection agency collects for all types of companies nationwide.

Account Control Systems Contact Information

85 Chestnut Ridge Rd Ste 113

Montvale, NJ 07645-1836

Phone: (201) 367-1622

http://www.accountcontrolsystems.com

The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) each list one complaint filed against Account Control Systems. One of the consumers was unaware of any debt owed until a collection account from Account Control Systems appeared on a credit report, and believes the debt to be a result of identity theft. It does not appear as if the consumer attempted to contact Account Control Systems before filing the complaint, and according to the CFPB, the complaint has been closed. The other complaint alleges that the collection company has failed to inform the original creditor that the account has been paid in full, and false information is being reported to the credit reporting agencies as a result. The BBB’s website lists this complaint as unanswered by Account Control Systems. These may both be violations of the Fair Debt Collection Practices Act (FDCPA).

The FDCPA is a federal law that was enacted to help protect consumers from unfair, deceptive, and abusive collection practices. The Act prohibits debt collectors from using certain tactics in order to collect on a debt. Some specific practices the Act prohibits include:

Failing to provide debt validation information to a consumer
Reporting false information to credit reporting bureaus
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
Calling a consumer before 8:00 a.m. or after 9:00 p.m.

If you believe that Account Control Systems is using any unfair, deceptive, or abusive practices to collect a debt from you, it is time to hold them accountable for their actions. We can help you stop the harassment, settle your debt, or even get you money from Account Control Systems– all at no cost to you! Please contact our office for a free, no-obligation consultation at 1-800-219-3577.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is the debt collection agency Alexander Collections Agencies harassing you?

Getting a call from a debt collector can be an extremely scary thing. Whether they call inquiring about a debt, or threaten you with physical harm if the bill is not paid, debt collectors seem to have free rein when it comes to harassing and abusing you or those that you care very much about.

With the current system, however, there are limitations that are in place on how much and how far a debt collection agency is allowed to contact you. These only apply to those debt collectors that are legal and attempting to follow the laws. For some, they may be attempting to scam you or frisk you for a free payday. These companies that operate outside of the law can be very dangerous, as they can sometimes see very legitimate

So, how are you able to tell who is a legal debt collector and who is not? There are a few ways to tell. For one such debt collection agency, Alexander Collections Agencies, here are the details that you need to know about, as well as if they are legitimate or not.

What is Alexander Collections Agencies, and are they legit?

With a name such as given, Alexander Collections Agencies sounds to be a very legitimate agency. Alexander Collections Agencies may appear to be a normal, legitimate company, but there is virtually no information about them online. Currently, the Better Business Bureau, the online listing for almost, if not all, legitimate companies around the United States, has no known information on Alexander Collections Agencies.

Because of this, we would be very cautious about making any payments to Alexander Collections Agencies. If this name has been registered on a phone call or email you have received, then it is possible it is a scam, and the phone call should be handled cautiously. Not only that, ensure that you are protected and document what is said to you through either a phone call or email, as this information may be vital in upcoming attempts at threatening you by the scammers.

Alexander Collections Agencies Contact Information

There is no known contact information for Alexander Collections Agencies. The Better Business Bureau has no registered information on their website, with no page on Alexander Collections Agencies.

Although the BBB not having information on them does not mean that they are immediately excluded as a legitimate business, it is a very good indication. The BBB is considered one of the most conventional and trusted websites for collections, and is used periodically as a resourceful site to see basic information on businesses. If the business is not on the website, there are two options: the business is too new to have a company page, or it did not exist in the first place. Generally, it is safe to assume that the latter is the appropriate reason.

What does this mean for you?

With all of this information at your fingertips, it is safe to assume you were contacted by a scammer attempting to collect on a fake bill. This is not uncommon and can happen to anyone. Because of the tendency for people to panic and become fearful when being told that they have a bill of some sort, you can easily fall into a pit of despair. You may end up getting harassed and constantly approached by these scammers, and the harassment from the fake debt collectors can, in some cases, win out. This means you may have to contact law enforcement to help you out and protect you and your family.

How can I protect myself and fight back against Alexander Collections Agencies?

If you have been contacted by Alexander Collections Agencies, there are quite a few things that you can do. The first step that you can take to prevent any further harassment is, surprisingly, asking for verification of the debt. This can be done in a number of ways, but the simplest is to ask for proper identification and verification of the debt in written form. You may also do this through electronic registry checks and asking for a way to verify it on your own. However, asking for a written document that states the validity of the debt is well within your rights as a potential debtor.

Another way to protect yourself is to look for an experienced and knowledgeable debt collection harassment attorney or lawyer who is familiar with all the laws under the Fair Debt Collections Practices Act. Although it may not seem like the most obvious move, getting an attorney or lawyer who knows the ins and outs of the industry will be able to point out where the laws have been broken. We here at the Law Office of Paul Mankin have many knowledgeable and well-versed debt collection harassment attorneys who are able to help you in your fight against the scammers. We can assist you in taking the proper steps forward to reporting the harassment, as well stopping the harassment to possibly those that you love under the Fair Debt Collection Practices Act.

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 by 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.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is The Best Service Company Harassing You?

The Best Service Company (TBSC) is a family-owned debt collection agency located in Culver City, California. It provides services for national, regional, and local banks and credit unions.

Numerous consumer complaints have been filed against TBSC. The Better Business Bureau warns consumers of unlawful debt collection practices by TBSC. After receiving similar complaints against TBSC, the Better Business Bureau contacted the company in November of 2018 to receive clarification on its business practices. The company never provided a response. Consequently, the Better Business Bureau gives TBSC a rating of “F.” Furthermore, TBSC is not accredited by the Better Business Bureau. To be accredited by the Better Business Bureau, a company must demonstrate trust, honesty, transparency, responsiveness, and integrity.

In addition to the Better Business Bureau, the Consumer Financial Protection Bureau (CFPB) has also received complaints from consumers regarding TBSC’s unlawful debt collection practices. The CFPB is a government agency charged with protecting consumers from unfair, deceptive, or abusive debt collection practices. Consumers most commonly complain that TBSC engages in the following unlawful debt collection practices:

Attempting to collect a debt that is not owed by the consumer;
Attempting to collect an old debt;
Making false statements;
Improperly discussing the consumer’s debt with a third party;
Continuing to contact consumers after being asked to cease communication; Using profane, obscene, and/or abusive language;
Threatening to take legal action if payment is not made; and
Refusing to validate or provide proof of a debt.

One consumer reported that TBSC continuously attempted to collect a debt that was beyond the statute of limitations. The Fair Debt Collection Practices Act (FDCPA) prevents creditors and debt collectors from filing lawsuits against old debt. Debt collectors only have a certain number of years to file a lawsuit to collect on a debt. This is referred to as the statute of limitations. In California, there is a four (4) year statute of limitations for filing a lawsuit to collect a debt. Debts that are beyond the statute of limitations are considered “time-barred.”

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 TBSC accountable. Please contact our office for a free, no-obligation consultation at 1-800-219-3577.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is the debt collection agency Alco Collections harassing you?

Getting a notice about a debt that has gone unpaid can be a severely negative event. Getting a phone call about a debt can be even more so. However, getting constant robocalls or harassing phone calls will not only inhibit your daily life and activities, but it can also have a physical drain on your health.

As such, knowing who is calling you and if they are legitimate can allow you to quickly assess the situation, as well as determine if the caller is a legitimate debt collector or if they are attempting to scam you. Alco Collections is no exception to this. If you have been contacted by Alco Collections about a debt you may have, these are some of the facts that you need to know before moving forward.

What is Alco Collections?

Alco Collections is seen as a collections agency based in Louisiana. They have been in business for 28 years, and are headed by Mr. James Allen, who is listed as President and CEO of Alco Collections.

Is Alco Collections a legit Debt Collection Agency?

Alco Collections is considered to be a legitimate debt collection agency. They are situated out of Baton Rouge, LA, and are said to be in business for close to 34 years. They hold a current A Rating through the Better Business Bureau. However, this does not take into account Customer Reviews. Alco Collections is not accredited through the BBB.

They currently have a 1.1-star rating out of 5 on the BBB website, with 5 customer reviews being cited.

Alco Collections Contact Information

Address: 8550 United Plaza Boulevard, Suite 702, Baton Rouge, LA 70809

Fax Number: 1-225-751-5659

Phone Number: 1-225-751-5660

Website: http://www.alcocollections.com

Does Alco Collections have Complaints against them?

Alco Collections currently has three complaints lodged against them within the last three years. They have one as recently as within the last year as well. There are also 5 customer reviews on the BBB, with all of them being 1 or 2 stars.

Alco Collections has 20 registered complaints lodged against them according to the Consumer Financial Protection Bureau Consumer Complaint Database. Most of these complaints against Alco Collections allege violations of the Fair Debt Collection Practices Act.

What kind of Complaints have been made?

Alco Collections has complaints of various integrity issues. The primary complaints come from unprofessional, abusive, and negative language used when talking with clients and customers. Reviewers and consumers have stated that Alco Collections representatives used abusive language when attempting to collect on debts, even threatening harm to family members and coworkers of the consumers in question.

There are also statements that they do not return phone calls promptly, even when they are called earlier on the same day. There have been attempts to contact them regularly, with little to no success.

There are also complaints lodged stating that they attempted to collect on bills that are not under the consumer’s name, and as such, attempted to use misinformation as a way to solicit a payment. Most of these complaints, if true, would be violations of the Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act.

Are the Practices of Alco Collections Legal?

Of the practices stated by complaints, Alco Collections employs illegal and highly abusive practices in an attempt to solicit a payment.

Attempting to threaten a consumer to pay a debt by targeting family members or coworkers directly goes against the FDCPA laws and regulations. Aggressive tactics such as these are seen as debt collector harassment and can be punishable by law under the Fair Debt Collection Practices Act.

Utilizing and manipulating information in an attempt to scam or blackmail a consumer also goes against FDCPA regulations. In 2018 by a complaint on the BBB, a consumer stated that they were never sent a bill for the debt, and were never able to verify the debt either, as the representative hung up on them multiple times.

How can I protect myself and fight back against Alco Collections?

There are plenty of ways to protect yourself against such abusive and intrusive language and practices. The first is to verify if the debt is real. Verifying a debt is fairly simple. Simply contact the debt collection agent and ask for authorization and verification of the debt. This comes in many forms, such as a mailed form with information, or electronic information regarding the debt and where it comes from.

If you are fighting against debt collection harassment and abusive phone calls, it is best to contact a debt collection harassment attorney or lawyer who focuses in debt collector harassment and abuse. We here at the Law Office of Paul Mankin, APC hold a great number of experienced and knowledgeable debt collection harassment attorneys who will be able to assist you with your harassment issues from debt collectors.

Not only can we help you defend against debt collection harassment, but we can also help 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.

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 by 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.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is Credit One Bank Calling or Harassing You?

Debt Collector Profile: Credit One Bank:

Name: Credit One Bank, N.A.

Headquarters: 6801 South Cimarron Road, Las Vegas, Nevada 89113

Phone Number(s): (877) 825-3242  

CEO:  Robert Dejong

Annual Revenue: US$ 581 million (2017)

Website: https://www.creditonebank.com/

LinkedIn Profile: https://www.linkedin.com/company/creditonebank/

Number of Employees: 625 (2017)

INTRODUCTION:

Founded in 1984, Credit One Bank specializes in the issuance of credit cards. It is a wholly owned subsidiary of Credit One Financial, which is in turn affiliated with Sherman Financial Group, LLC through common ownership. Credit One Bank has issued over seven million credit cards throughout the US., primarily to customers with weak credit. 

Credit One Bank offers no fewer than seven different credit cards, each one subject to its own fees and cash back benefits. Consumers with credit scores as low as 300 can qualify for a secured or unsecured credit card. Because these credit cards are geared towards those with weak credit, people with strong credit, used to better terms, are unlikely to find Credit One’s credit terms acceptable. 

The Credit One Bank Platinum Visa is an unsecured credit card that is available to those with fair (but not poor) credit — no security deposit is required.  Many people with weak credit start out with a secured credit card simply to build their credit, and then graduate to an unsecured card later. Credit One Bank offers a “stairway” back to strong credit; however, many users have complained about various aspects of the system and about Credit One Bank’s behavior.

CONSUMER COMPLAINTS:

Many consumers have complained about Credit One Bank’s debt collection behavior. Following is a summary of their record with two consumer watchdogs, the Better Business Bureau and Consumer Affairs.

BETTER BUSINESS BUREAU:

Credit One Bank’s BBB profile displays an “A-” rating (which is virtually meaningless), and one out of five possible stars based on customer reviews. There have been 1,262 complaints filed against Credit One over the past three years. There are also  410 reviews on the BBB website, the overwhelming majority of which are negative. Nevertheless, Credit One Bank has been BBB-accredited since 2011.

Credit One Bank’s record shows  many complaints concerning various banking and collection issues. Consumers assert that Credit One Bank charges its customers without authorization (sometimes repeatedly), and that it often imposes unexplained fees. Consumers also complain that Credit One Bank sends inaccurate financial information to the three major credit reporting agencies — Experian, TransUnion and Equifax.

CONSUMER AFFAIRS:

Like the BBB, Consumer Affairs is a private consumer watchdog. The following complaints have been recorded on the Consumer Affairs website.

Sending regular monthly bills to a non-customer in an apparent case of mistaken identity;

Too many fees for various purposes, many of them counter-intuitive and surprising;
Charging late fees or interest (or bth) against the accounts of customers who always pay on time;
Charging its customers for the privilege of making a payment;
Trying to trick customers into thinking they are Capital One;
Reporting inaccurate information to credit bureaus; and
Many other grievances.

CREDIT ONE AS A DIRECT CREDITOR:

Since Credit One Bank generally collects that are owed to it, rather than debts that are owed to someone else, it is not considered a “third party creditor” the way that a debt collection agency is. As such, the Fair Debt Collection Practices Act (FDCPA) does not apply to its activities. Many federal and state laws do apply, however — the California Rosenthal Fair Debt Collection Practices Act, for example. Nevertheless, its status as a direct debt collector limits its liability.

Another consequence of Credit One Bank’s status as a direct creditor that keeps it out of court (but doesn’t necessarily limit its liability) is that, like virtually all credit card issuers, it inserts a mandatory arbitration clause into its credit card agreements that keeps most disputes out of court by law. Arbitration proceedings, moreover, are not generally part of the public record. 

LAWSUITS AND SETTLEMENTS:

One example of the numerous legal actions that have been taken against Credit One Bank occurred in 2016, when a consumer filed a lawsuit against Credit One for over 3,000 telephone calls. These calls occurred despite the consumer demanding that Credit One stop calling him. 

Following is a short list of some of the other lawsuits that have been filed against Credit One Bank:

Are You a Victim of Debt Collection Abuse? Paul Mankin Can Help You Fight Back

Many consumers do not realize that even if they are delinquent debtors, they still enjoy considerable legal rights that they are entitled to enforce against abusive creditors — even to the point of turning the tables by demanding compensation from their creditors. If you are being subjected to any form of debt collection abuse, contact the Law Office of L. Paul Mankin, APC for a free consultation. Simply call us at 1-800-219-3577 or fill out our online contact form.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is Portfolio Recovery Associates Harassing You?

Portfolio Recovery Associates (PRA) is a third-party debt collection agency. The company was incorporated in 1996 and is based in Norfolk, Virginia.

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 nearly 9,000 consumer complaints against PRA for unlawful debt collection practices. Consumers most commonly report that PRA engages in the following unlawful debt collection practices:

Attempting to collect a debt not owed by the consumer;
Improperly discussing the consumer’s debt with a third party;
Harassing consumers by repeatedly and frequently calling.
Continuing to call after being asked to stop; and
Refusing to validate or provide proof of a debt.

After receiving repeated calls from PRA, a consumer wrote a letter requesting that PRA cease all communication with the consumer. PRA continued to contact the consumer. The consumer began keeping a call log of all the phone calls PRA continued to make. The consumer then filed a complaint with the CFPB and provided the call log as evidence.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from communicating with a consumer after the consumer has informed them in writing to stop communication. Once the debt collector has received a letter requesting that all communication stop, the debt collector may only contact the consumer again to either inform the consumer that the debt collector is no longer seeking to collect the debt or to inform the consumer that the debt collector will be filing a lawsuit.

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 PRA accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.

UncategorizedNovember 7, 20230 comments

by Paul Mankin

Is the collection agency Able Recovery Service harassing you?

Able Recovery Service holds the name that seems quite soft and easy to understand. They sound very promising, with the understanding that a service that helps you get back onto your feet would have the name Able Recovery. However, are they legal and legitimate? We dive into what we found out about Able Recovery Service, and if they are a proper debt collection agency or not.

What is Able Recovery Service?

Able Recovery Service is supposedly listed as a debt collection agency. However, not much is found about them. Looking through the Better Business Bureau, they have no recognizable page, and seem to not be a legitimate business at all. As there are no listings for Able Recovery Service, they may very well be a sham, with the next closest thing being Able Recovery, which is a rehab facility in Oklahoma.

Is Able Recovery Service a legit Debt Collection Agency?

As there is no discernable information about Able Recovery Service, it is safe to assume that they are not legitimate. There is no listing for them in the BBB, and no listings or information anywhere on the internet either. The closest that they do have is an addiction treatment center located in Oklahoma, which should have no discernible correlation with Able Recovery Service.

If you are contacted by someone stating that they are from Able Recovery Service, assume it is a scam, or a robocall that you should not answer, in case they attempt to take your information.

Able Recovery Service Contact Information

Currently, there is no listed information or contact information for Able Recovery Service. They have no known addresses for buildings, or a phone number, or fax number.

Does Able Recovery Service have Complaints against them?

They do not have any complaints filed against them. The Better Business Bureau and CFPB have no registered debt collection agency listed as Able Recovery Service.

Should I be worried about the Able Recovery Service?

There is a potential situation where the name Able Recovery Service is a false name given for a third party debt collection agency to harass and abuse customers and debtors with little to no backlash.

Debt collector harassment is very problematic, with many companies skirting the lines between legal and illegal practices. However, if a debt collection agency were to use a stand-alone name, or a fake name, they would have, for some time, unlimited access to abusing and harassing debtors without fear of repercussions.

Would this practice be legal?

Absolutely not. Harassment by debt collectors is against federal laws, as listed in the FDCPA. The FDCPA, or Fair Debt Collection Practices Act, was specifically passed to curb and safeguard debtors and people with debts against abusive behaviors and collection methods. These debt collector harassment practices can range in levels of severity. They include such things as:

Constant phone calls to your work or private numbers
Threatening letters and emails involving legal abuse
Harassing neighbors and friends and family for debt collection

These are just a few of the ways that debt collectors may attempt to extort and steal your hard earned money.

These practices are generally regulated by the legal authorities in different states. However, the main concern comes when the company attempting to collect from you has no past history, or traceable path for the collections.

How can I protect myself and fight back against Able Recovery Service?

If you or a loved one have been contacted by the Able Recovery Service, know that you have many rights at your disposal.

The first step that we recommend is to hire a professional and experienced debt collector harassment lawyer. We here at the Law Office of Paul Mankin, APC have many skilled and proficient attorneys and lawyers that are well-versed when it comes to debt harassment. We are able to help you stop the debt collector harassment, as well as report it to the proper authorities, ensuring that you will not be harassed any further.

If they continue, we are also able to help you build a case against them if it ever goes to court. We can help you file the information, as well as focus on the proper forms of harassment, and document where, and how long, the harassment has been going on for.

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.

Feel free to contact us at 1-800-219-3577. We are experience debt collection agency harassment attorneys and will provide you with a free no obligation case evaluation.

UncategorizedNovember 7, 20230 comments

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