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American Credit Resolution or ACR is a third-party collection agency based in Atlanta, GA. ACR has received complaints from consumers alleging serious violations of the Fair Debt Collections Practices Act (FDCPA) such as improper sharing of information and threatening to take actions that cannot legally be taken. If you have been contacted by ACR regarding a delinquent debt, understand your rights before responding.
According to the Better Business Bureau (BBB), American Credit Resolution, Inc. is a legitimate company founded and incorporated in 2011. The BBB established ACR’s profile page in 2013. ACR is listed as a collection agency, credit repair, and financial services company.
According to its website, ACR “is a privately held financial services firm…whose mission is to maximize asset realization for… clients by providing custom state-of-the-art collection and call center solutions at the most competitive prices.”
American Credit Resolution provides services in three main areas: consumer collections, commercial collections, and call center services. ACR’s consumer collections division offers “services to wholesalers and debt packagers primarily dealing in the secondary market of distressed and charged-off consumer receivables.” This division specializes in “offering creative solutions including payment plans and discounts that conform to an individual’s unique situation.”
ACR commercial collections division offers “commercial collection services to companies in the construction, wholesaling, manufacturing, professional services, and other industries…with collection programs custom tailored to… maximize account receivable realization while maintaining a positive relationship with the customer/consumer.”
ACR’s call center division “offers dedicated agents, phone trunks/DID’s, and dedicated servers for database management…staffed by employees… trained in the protection of consumer/account holder information.” All staff are “required to sign a confidentiality and non-disclosure agreement upon hire.”
ACR’s Consumers page includes a statement of consumer rights, information about credit repair, and a link to a consumer financial literacy page on the Debt Buyers Association website
As of December 2017, the Better Business Bureau (BBB) has closed 27 complaints against American Credit Resolution in the preceding 3 years. Most of those complaints alleged problems with billing and collections, with several complaints also alleging problems with customer service. Since June 2015, the Consumer Financial Protection Bureau (CFPB) has closed 18 complaints against ACR. Justia lists at least 1 complaint naming American Credit Resolution as a defendant.
American Credit Resolution, Inc.
P.O. Box 467201
Atlanta, GA 31146
Telephone: (844) 746-0789
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely ACR 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 filed in Federal Court
In April 2014, in United States District Court, Western District of New York, a judge issued an order in a case alleging American Credit Resolution had violated provisions of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Specifically, the plaintiff in this case alleged that an ACR representative had left several messages on the plaintiff’s “personal cellular telephone using an automatic telephone dialing system.” The messages did not identify the name of the business that was calling “and failed to inform the plaintiff that the ACR representative was a debt collector.” The messages stated only that the caller “had ‘a very urgent matter’ to discuss regarding the plaintiff’s name and social security number.” As a result, the plaintiff filed a complaint citing violations of FDCPA Sections 1692d(6), 1692g(a), and 1692e(11), which prohibit “the placement of telephone calls without the meaningful disclosure of the caller’s identity, failure to disclose the fact that the defendant is attempting to collect a debt, and failure to send the consumer a written validation notice within five days of the initial communication.” The plaintiff also cited a violation of “section 227(b)(1)(A)(iii) of the TCPA, which prohibits the use of an automatic telephone dialing system (‘ATDS’) to contact a cellular telephone, other than a call made for emergency purposes or with the prior express consent of the called party.”
Representatives of American Credit Resolution failed to appear and defend this action, “which resulted in the Clerk of the Court entering default” in January 2014. The April 2014 hearing was held to make a decision about the plaintiff’s motion for default judgement and the amount of any award. The court agreed that the violations cited by the plaintiff constituted violations of the FDCPA and the TCPA and granted the plaintiff’s motion for default judgement. Furthermore, the court is authorized to award “up to $1,000 in statutory damages per plaintiff for any violation of the FDCPA. The specific amount of statutory damages, not to exceed $1,000, falls within the court’s discretion.” In addition, a “person or entity that successfully establishes a TCPA violation under section 227(b)(1)(A)(iii) may recover its actual monetary loss from the violation or receive $500 in damages for each such violation, whichever is greater,” unless the violation is particularly egregious, in which case “the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times” the standard penalty, or $1,500 per violation. In this case, the court awarded the plaintiff $500 for the FDCPA violation, $500 for each of the TCPA violations and court costs and attorney fees, for a total of $6,235.00
Here are some past Press Releases of Lawsuits Brought On By Lemberg Law
March 10, 2017. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, Southern District of Florida. The case, against American Credit Resolution, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages under the Fair Debt Collection Practices Act, plus other relief.
Debt collection calls can be intimidating. They are even more intimidating when there are threats involved. Our client says that this debt collector left a voice message on her cell phone stating that American Credit Resolution was preparing to file a lawsuit against her. This was in September 2016, but ACR hasn’t yet filed a lawsuit against our client.
This lawsuit charges that American Credit Resolution violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening to take legal action without actually intending to do so; by employing false and deceptive means to collect a debt; and by using unfair and unconscionable means to collect a debt.
Understanding Your Debt Collection Rights
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 recieving 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.
What Our Clients are Saying
“We realize that ours is just one small case among many – and many more serious – but are heartened by the fact that you accepted it and represented us with a professionalism that belied the small dollar amount.”
“If you are unsure about this company…DONT BE!!! They are for real when they say they are here to help you. It only takes a few short minutes of your time to talk to a rep. I was a skeptic, but you did everything you said you would! I can’t say thank you enough!”
”Lemberg Law has saved me from the endless calls, and harassing voicemails. They really do go to bat for you. I didn’t know that debt collection agencies can end up paying your legal bill. What a surprise, to receive free legal help. I’m very grateful for all the hard work they did to finally give me my life back.”
“I won’t be afraid to contact you or recommend your services to others for debt collection difficulties. Please keep up the outstanding work you do, and again, thank you for helping me through this challenging time. I am most grateful.”
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