Ad Astra Recovery Services or AARS is a consumer lender and third-party collection agency based in Kansas. AARS has received complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including attempting to collect debts not owed and using false or misleading language in an effort to collect a debt. If you have been contacted by Ad Astra Recovery Services, make sure you understand your rights before taking action.
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According to the BBB, Ad Astra Recovery Services, Inc. is a legitimate collection agency founded and incorporated in 2007. The BBB established AARS’s profile page in 2008. AARS is listed as a collection agency, check recovery service, debt repayment planner, and payday loan service provider.
The website for Ad Astra Recovery Services provides very little information about the company, its business practices, or its clients. The home page contains a statement that AARS “combines quality employees with sophisticated technology, …ensures productivity and reliability, and …offers superb results with superior service, …making outsourcing a ‘no-hassle’ exceptional experience.”
The sidebar includes three non-operative links labeled, “Nationwide Coverage,” “Online Access to Your Accounts,” and “Increase Your Bottom Line.” Another link labeled, “Superior Customer Service,” links to the site visitor’s email client and opens an email message template addressed to AARON’s customer service desk. There are also links to the online payment portal; to a page with information about updates to laws regulating the reporting of credit information to the credit reporting agencies; and to a page on the Federal Trade Commission’s (FTC) website providing information about identity theft.
There is no information about AARS’s compliance policies; or links or references to state or federal laws that regulate collection agencies; or additional consumer resources.
The BBB has closed 410 complaints against Ad Astra Recovery Services in the preceding three years, with 220 complaints closed in the past 12 months. The majority of those complaints allege problems with billing and collection services.Many consumers have also alleged problems with customer service and advertising and sales. As of March 2015, the Consumer Financial Protection Bureau (CFPB) has closed 384 complaints against AARS. Justia lists at least 13 cases of civil litigation involving Ad Astra.
Ad Astra Recovery Services, Inc.
7330 W. 33rd Street N., Ste. 118l
Wichita, Kansas 67205
Telephone: (866) 398-2089
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely AdAstra 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 in Federal Court
On more than one occasion, Ad Astra Recovery Services has resolved civil complaints at trial by insisting on the enforcement of an arbitration clause included in the contractual agreements of some payday loans. In July 2013, in United States District Court, Eastern District of Missouri, Eastern Division, a judge issued a Memorandum and Order in a case alleging violations of the FDCPA. In this case, the plaintiff in November 2012 had signed a payday loan with Speedy Cash for a sum of $450.00. The agreement required the plaintiff to repay the loan plus interest at the rate of 608.33%, for a total of $562.50, within two weeks. The plaintiff failed to pay back the loan, and it was placed for collection with AARS. Ad Astra Recovery Services contacted the plaintiff in February 2013 and “‘informed the plaintiff that there would be attempts to remove proceeds from the plaintiff’s bank account if she could not pay the debt right away,’ and made threats of legal action against the plaintiff if she did not pay the balance although Ad Astra Recovery Services never intended to sue the plaintiff… for the alleged debt.” As a result, the plaintiff charged that MARS had violated the FDCPA provisions against using false or misleading language in an effort to collect a debt and threatening to take actions that cannot legally be taken or that are not actually intended.
Ad Astra Recovery Services objected to the complaint by insisting that the court “enforce an arbitration provision in the agreement” the plaintiff signed with Speedy Cash. According to page six of the Speedy Cash loan agreement, the plaintiff by signing the agreement agreed to dismiss her right to resolve legal disputes by trial, except for small claims court or associate circuit court, and agreed to waive her right to bring a class action lawsuit against Speedy Cash. The agreement indicated that such disputes will be settled by arbitration. In addition, the loan agreement stated that the agreement applied not only to Speedy Cash, but also to “related parties,” which include “all parent companies, subsidiaries, and affiliates of ours (including Ad Astra Recovery Services, Inc.) and… their employees, directors, officers, shareholders, governors, managers, and members.” Furthermore, the term “claim” is defined as “any claim, dispute, or controversy between you and us (or our related parties) that arises from or related in any way to this Agreement…and is to be given the broadest possible meaning and includes claims of every kind and nature,…including disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.” The arbitration clause was “made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (FAA).” The FAA, in turn, provides that “written agreements to resolve disputes through arbitration are ‘valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract…. and are to be enforced unless a party cans how that it will not be able to vindicate its rights in the arbitral forum.’”
At the July 2013 hearing, the court indicated its jurisdiction to hear the case despite the arbitration agreement because the plaintiff had filed the case in associate circuit court, which moved the case to federal district court due to the alleged FDCPA violation. Attorneys for Ad Astra Recovery Services insisted that the arbitration clause be enforced. The plaintiff expressed her willingness to let the court decide the proper venue to resolve the dispute, and the judge issued an Order indicating charges in the case would be stayed “pending completion of the arbitration to be held in St. Louis, Missouri.”
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.
Consumers have reported this agency harassing them from the following numbers:
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.
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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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