- Who is?
- Wage Garnishment?
- ABC Financial Services Calling?
- Stop Them
- Delete Credit Report
ABC Financial Services, Inc. (ABC) is a billing services corporation that specializes in processing monthly payment and collecting delinquent accounts for membership-based gyms. ABC has received complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including attempting to collect debts not owed and threatening to take actions that cannot legally be taken. If you have been contacted by ABC Financial Services, make sure you understand your rights before responding.
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According to the BBB, ABC Financial Services, Inc. is a legitimate collection agency, founded in 1981 and incorporated in 1984. The BBB established ABC’s profile page in 1986. ABC is listed as a billing service with 500 employees. Buzzfile estimates ABC’s annual revenue at $42.4 million.
According to its website, ABC Financial Services “is the nation’s leading software and payment processing provider for the health and wellness industry.” ABC offers “payment processing solutions and advanced health club management tools…that allow gym owners and managers to track and manage memberships, member and employee schedules, drive member engagement, and automate payment processing functions.” ABC claims to be in use by “more than six thousand health clubs across North America and Europe.”
ABC Financial Services mission is “to be the resource for cutting-edge technology in the health and fitness industry and to maximize collections from the highest percentage of members on a daily basis.” ABC’s “customizable automated health club billing…lets management… focus… time and energy on increasing member satisfaction and club profits, rather than wasting time worrying about printing invoices and recovering dues.” ABC replaces “traditional, in-club billing and payment systems with remote health club payment processing…so front desk staff are free to focus on delivering quality service and club promotion.”
ABC’s compliance policies appear to be restricted to concerns about “cyber-security.” Their “in-house technical experts ensure…gym payment processing software remains fully compliant with the latest digital security protocols,” but their website does not provide links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed 420 complaints against ABC Financial Services in the preceding three years, with 96 complaints closed in the past 12 months. The majority of those complaints allege problems with billing and collection services, although many consumers have also complained about ABC’s advertising and customer service. As of March 2015, the Consumer Financial Protection Bureau (CFPB) has closed 18 complaints against ABC. Justia lists at least 11 cases of civil litigation involving ABC.
ABC Financial Services Inc Contact Information
ABC Financial Services, Inc.
8320 Arkansas, #107
Sherwood, AR 72120
Telephone: (800) 622-6290
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely ABC Financial Services would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
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Absolutely. Here are some Sample Cases against ABC Financial Services, Inc
In December 2014, in United States District Court for the District of New Jersey, a judge issued an Opinion in a case alleging ABC Financial Services had violated several consumer protection laws. In this case, the plaintiffs had filed a class action complaint against ABC Financial Services and several fitness clubs for violations of the Health Club Services Act, the Consumer Fraud Act, the Retail Installment Sales Act, and the Truth-in-Consumer Contract, Warranty and Notice Act. Specifically, the plaintiffs alleged that the fitness club, RetroFitness, in conjunction with its franchises and affiliates, “utilized agreements that did not specifically set forth in a conspicuous manner Plaintiffs’ total payment obligation.” For example, the membership agreement in question charged an “‘annual rate guarantee fee’ that was not included in the total payment obligation.” These hidden fees represented a form of misrepresentation “in violation of various New Jersey state laws.” As for ABC’s role in this financial scheme, the plaintiffs asserted that “ABC Financial was responsible for ‘collecting all membership dues and other fees payable by members of all New Jersey franchisees of RetroFitness, and…that ABC Financial was further required to deduct all monies owed by New Jersey franchisees of RetroFitness to RetroFitness and to remit such monies directly to RetroFitness.’” Thus, because ABC was “alleged to have set, controlled, and directed the policies, practices, and procedures related to the billing, cancellation, and/or collection policies” of the fitness clubs named in the suit, the complaint held them equally liable for damages.
The December 2014 hearing was held to make a determination regarding the defendant’s’ motion to dismiss the charges and the plaintiffs’ motion to “remand…the matter to the Law Division of the New Jersey Superior Court, Middlesex County.” The defendants argued that the charges should be dismissed because the plaintiffs “failed to state a claim” upon which the court has any jurisdiction to issue a binding decision or make a determination of damages. The plaintiffs argued that the case should be returned from federal court to a local state court because the majority of members of the class action were residents of New Jersey. The court agreed with the plaintiffs that state court was the proper jurisdiction to try the case. ABC Financial Services argued that it should not be subject to this jurisdictional decision because it is a national corporation not based in New Jersey; however, the court disagreed, indicating that such a determination is made based on the residency of the members of the class action, not of the defendants. As a result of the court’s decision to change the venue, it declined to issue a decision as to the plaintiffs’ motion to dismiss the charges, leaving that determination to the Law Division of the New Jersey Superior Court District.
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The FDCPA regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt.
The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA). The complaint above illustrates how these laws can be extremely effective tools to hold accountable collection agencies who fail to adhere to their provisions.
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
Seek legal assistance to find the relief you may be entitled to if you are having difficulty resolving disputes with a debt collection agency.
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are receiving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
We can make them STOP!✋
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call ? 844-685-9200 NOW.
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“I just wanted to let you know we received the check from your office on now and I wanted to take some time to inform you that we really appreciate all of your efforts in this matter.”
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