by Paul MankinIs the collection agency Action Collection Service, Inc. (MT) harassing you?
Action Collection Service, Inc. (MT)
Action Collection Service, Inc. was originally founded in Bozeman, Montana on April 1, 1994 by its owner, Dave Anderson. Action was later incorporated in the same state on September 9, 2009 and currently operates under Mr. Anderson as a corporate entity. Action Collection Service, Inc. is a general debt collector that performs collections services for retailers, utilities, landlords, property managers, dentists, clinics, physicians, veterinary, bad checks, attorneys, CPAs, banks, credit unions, cities, counties, schools, and others. They have an operating website and claim to provide 24/7 account access for clients (though apparently not for debtors).
Business address:
1105 Reeves Road Ste 6B
Bozeman, MT 59718-7725
Alternative mailing address:
PO Box 10905
Bozeman, MT 59719
Client/Business email: [email protected]
(406) 586-7744 (phone)
(800) 331-0722 (toll free)
Action Collection Service, Inc has an A+ rating from the Better Business Bureau (BBB) but is not BBB-accredited. Action’s BBB file was opened on January 7, 2015 and currently has a 1-star review average with no official BBB complaints. Action does, however, have one CFPB complaint on file. Montana’s Action Collection Service, Inc. is listed on Yelp but has not yet been reviewed.
While the Montana collector does not appear to have been involved in any major legal disputes, the complaints against it are pretty typical of consumers at the wrong end of the collections business. Namely, consumer complain that Action makes deceptive phone calls and leaves misleading or outright deceptive information in voice messages, and they have a habit of attempting to collect an amount other than what is actually owed.
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.
Action Collection Service’s collection practices, as reported by consumers, may very well be unlawful under state and/or federal law. Consumer complaints regarding Montana collections agencies are handled by the Montana Office of Consumer Protection (OCP). To learn more about how the federal government regulates debt collection and protects debtors and other individuals from collector harassment, see FTC Debt Collection pamphlet. Complaints regarding a 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 collector or other business can be made at BBB complaints 24 hours per day.
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 attorney or debt collector harassment lawyer immediately. Contact us today at 1-800-219-3577 to discuss your matter and see how we can help at no cost to you.
by Paul MankinIs the debt collection agency Adler Wallach & Associates, Inc. harassing you?
Adler, Wallach & Associates, Inc. was established in Southern California on August 24, 1993. It is managed by its President, Mr. Allan Adler, and its Vice President of Operations, Ms. Marian Mapes. Adler offers a range of debt collection services, including pre-collections service, third party collections, bankruptcy filing & monitoring, secondary placements, mailing and invoicing programs, litigation filing, and judgment execution, credit reports, asset investigations, and Skip Tracing.
1045 W Katella Ave #230
Orange, CA 92867
(888) 771-3690 (phone)
(714) 771-5453 (alt. phone)
(888) 771-3690 (toll free)
(714) 639-3123 (fax)
A Better Business Bureau (BBB) file for one of Adler, Wallach, & Associates, Inc.’s alias companies, A W A Collections, shows an ‘F’ rating and 60 consumer complaints. The collector also has an astounding 373 CFPB complaints. Negative consumer reviews primarily include: no notice of collections before credit report ding; attempting to collect debt not owed (debt was paid or didn’t belong to person being called); no providing enough information to verify debt; not providing notice of right to dispute; taking or threatening to take negative or legal action; threatening or suggesting the debtor’s credit would be damaged; attempting to collect wrong amount; failing to disclose communication was an attempt to collect a debt.
Unsurprisingly, the debt collector has earned itself an extensive litigation history. Notably, Adler Wallach & Associates, Inc. was sued in Florida for collections actions taken in 2011, including misrepresenting the character, amount, or legal status of the debt; failing to send a debt validation letter; using false, deceptive, and misleading means to collect a debt.
It is against Fair Debt Collection Practices Act to engage in certain harassing and unkind acts in furtherance of pursuing repayment of a debt, including: calling before 8:00AM or after 9:00PM, calling repeatedly or even just a few times per week (no matter how many different phone numbers they use), calling your place of work if you are not permitted personal calls, calling you after you have made an unmistakable request for them to stop calling, using profanity or other threatening language, and other intimidating actions. It is also unlawful for collectors to misrepresents who they are and what the purpose of their communication is, as well as for them to attempt collection on an amount more than you owe or to collect from someone who is not legally responsible for the debt. These actions, each and all, amount to collector harassment, and you have the right to be free of this behavior.
More information regarding complaints regarding California-based collectors can be found at https://oag.ca.gov/consumers/general/debt-collectors. Complaints regarding a 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 collector or other business can be made at BBB complaints.
If you believe you have a claim for collection harassment or are a victim of another violation of the Fair Debt Collection Practices Act or Rosenthal California Fair Debt Collection Practices Act, you should speak with a consumer rights attorney or debt collection harassment attorney immediately. Contact us today to discuss your matter and see how we can help at no cost to you.
by Paul MankinIs the debt collection agency Anson Street, LLC harassing you?
What is Anson Street, LLC?
Anson Street LLC was registered as a Foreign Limited-Liability Company in the State of Nevada in 2007 and is approximately thirteen years old. Anson Street’s alias companies, “Resurgent Capital Services LP,” “Resurgent Holdings, LLC,” and “Credit Originations LLC,” were established in or around 1998. Under its manager and CEO, Mr. Bryan Keith Faliero, the debt collection agency is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers.
Is Anson Street, LLC a legit Debt Collection Agency?
Yes, Anson Street, LLC is a legitimate debt collector, though it primarily conducts collection activities under the alias “Resurgent Capital Services LP.” They have been recognized by the Better Business Bureau (BBB) since 2000, have been BBB-accredited since September 8, 2017, and maintain an A+ BBB rating.
Anson Street, LLC Contact Information:
55 Beattie Pl
Greenville, SC 29601
200 Meeting St
Charleston, SC 29401
625 Pilot Rd
Las Vegas, NV 89119
(864) 248-8700 (phone)
(866) 467-0163 (fax)
(888) 665-0374 (alt. phone)
(864) 248-0374 (alt. phone)
What kind of complaints does Anson Street, LLC have against them?
Anson Street, LLC has 127 BBB customer complaints and 5,305 Consumer Finance Protection Bureau (CFPB) complaints. Many of the complaints against Anson Street center on harassing behaviors, including using abusive language, swearing, threatening physical or legal harm, and calling from multiple different numbers to avoid call blocking. If these allegations are true, many would qualify as Fair Debt Collection Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act violations.
Are Anson Street, LLC’s Practices Legal?
It is against the Fair Debt Collection Practices Act to engage in certain annoying and unkind acts in furtherance of pursuing repayment of a debt, including: calling before 8:00AM or after 9:00PM, calling repeatedly or even just a few times per week (no matter how many different phone numbers they use), calling your place of work if you are not permitted personal calls, calling you after you have made an unmistakable request for them to stop calling, using profanity or other threatening language, and other intimidating actions. It is also unlawful for collectors to misrepresents who they are and what the purpose of their communication is, as well as for them to attempt collection on an amount more than you owe or to collect from someone who is not legally responsible for the debt. These actions, each and all, amount to collection harassment, and you have the right to be free of this behavior.
How can I defend myself against a debt collector like Anson Street, LLC?
Complaints regarding a 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 collector or other business can be made at BBB complaints. Complaints regarding South Carolina-based collectors can be made at https://consumer.sc.gov/consumer-resources/consumer-complaints. For information on Nevada consumer issues, call the Bureau of Consumer Protection Hotline at (702) 486-3132 or toll-free at (888) 434-9989.
If you believe you have a claim for collection 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 collection harassment attorney immediately. Contact us today to discuss your matter and see how we can help at no cost to you.
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.