Atlantic Credit & Finance is a subsidiary of Encore Capital, which buys debt and then hands it off to Atlantic Credit & Finance and other subsidiaries to accumulate. Encore purchases unsecured consumer debt of any and every sort, such as credit card, automotive, mobile phone, health care, and utilities. Encore is one of the largest collectors and buyers of debt from the U.S., and has settled complaints and lawsuits for unfair or unlawful debt collection practices brought from the national Consumer Financial Protection Bureau, as well as by government agencies in New York and Colorado.
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According to the BBB, Atlantic Credit and Finance is a legitimate debt collection agency founded in 1996 with headquarters in Roanoke, VA. On their website, ACF purports helping customers to handle their debt, and goes by the motto, “Committed to treating every individual with integrity and honesty.” Their debt collection tactics include, but aren’t limited to, robocalls, letters, and suits.
As of March 2017, the Better Business Bureau reported 65 closed Atlantic Credit & Finance complaints over the previous few decades, such as 42 closed Atlantic Credit & Finance complaints over the past 12 months. Additionally, Justia lists 25 Atlantic Credit & Finance complaints filed in federal court in 2016 alleging violations of the Fair Debt Collection Practices Act, one alleging violations of the Fair Credit Reporting Act, and one alleging violations of the Telephone Consumer Protection Act. Moreover, the Consumer Financial Protection Bureau (CFPB) lists 45 closed ACF complaints for 2016.
Sample Case Filed in Federal Court against Atlantic Credit & Finance
In 2011, a judge in U.S. District Court, District of Minnesota, denied in part and granted in part Atlantic Credit & Finance’s motion to dismiss Billar v. Atlantic Credit & Finance for alleged violations of the Fair Debt Collection Practices Act, the Due Process Clause of the Fourteenth Amendment, and assorted Minnesota legislation. According to the judge’s conclusion, Atlantic Credit & Finance hired Gurstel, Staloch & Chargo to accumulate a guy’s debt. Gurstel attempted to garnish funds in five different bank accounts, four of which were collectively owned by his girlfriend or one of his small children. The judge’s ruling dismissed a number of the plaintiffs’ claims, but denied the defendants’ motion to dismiss the FDCPA claim that the debt collection agency had made a false or misleading statement by telling him that they might garnish any funds in any account where he had been a signatory and that the did not have to release the money taken out of his girlfriend and children’s accounts.
Atlantic Credit & Finance, Inc.
3353 Orange Avenue NE
Roanoke, VA 24012
Phone Number: 866-397-4100
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely ACF 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!
Absolutely. Here are some Press Releases of Lawsuits Brought On By Lemberg Law Against Atlantic Credit & Finance
October 29, 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Massachusetts. The case, against Atlantic Credit and Finance, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages, plus other relief.
Summertime is a time to kick back, relax, and enjoy the sunshine. It’s not a time to put your life in danger. Yet our client says that’s what happened when she received a cell phone call from Atlantic Credit and Finance while she was driving. When Atlantic Credit and Finance called in July, our client told the debt collector that she was driving, and asked that they call her back when she could safely talk on the phone. Our client tells us that, in response, the debt collector said that she had to make an immediate payment in order to avoid having her account sent to an attorney. She told the debt collector that she couldn’t make a payment.
Later that same day, Atlantic Credit and Finance called our client again. She again told them that she wasn’t able to make a payment. Still, Atlantic Credit and Finance continued to call her. And even though Atlantic Credit and Finance said that they’d send her account to an attorney, she’s never been served with a lawsuit.
This lawsuit charges that Atlantic Credit and Finance 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 misrepresenting the character, amount, and legal status of a debt; by threatening to take legal action without actually intending to do so; by using unfair and unconscionable means to collect a debt; by employing false and deceptive means to collect a debt; and by overshadowing our client’s right to dispute a debt.
October 13 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Massachusetts. The case, against Atlantic Credit and Finance and Office of John P. Frye, charges the debt collection agencies with violating federal law and asks for $1,000 in statutory damages, plus other relief.
When you own a business, your phone lines can be your lifelines. When a debt collector is tying up your phone lines, you simply can’t conduct business. Yet that’s what our client says happened to him. Our client says that Atlantic Credit and Finance and Office of John P. Frye called his work and cell phone numbers in an attempt to collect a personal debt. He says that, several times, Atlantic Credit and Finance and Office of John P. Frye called back-to-back to all nine of his work lines, interacting with is employees, and disclosing information regarding the debt. Atlantic Credit and Finance and Office of John P. Frye kept calling, even though our client’s employees told them that they were calling a business, that our client couldn’t be reached, and to stop calling.
As if that weren’t enough, our client tells us that Atlantic Credit and Finance and Office of John P. Frye called his cell phone three to five times per day. Sometimes, the caller identified itself as Atlantic Credit; at other times, Finance and Office of John P. Frye
The lawsuit charges that Atlantic Credit and Finance and Office of John P. Frye violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by disclosing a debt to third parties; by contacting third parties multiple times; by communicating with people other than our client, ourselves, or a credit bureau; and by using unfair and unconscionable means to collect a debt.
September 20, 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Arizona, against Atlantic Credit and Finance. Our client alleges that Atlantic Credit and Finance called her about a debt, and that she told them that she was on a fixed income and couldn’t repay the debt. The debt collector from Atlantic Credit and Finance then started listing off bills that our client makes payments towards, and specifically mentioned Bank of America. Atlantic Credit and Finance told our client that she should be paying them instead of Bank of America. Then, the representative of Atlantic Credit and Finance told our client that they were going to take her to court because they believed that she could afford to repay the debt. Our client told the debt collector that she was having such a hard time that she was considering bankruptcy. They told our client that she wouldn’t qualify for bankruptcy, and that she “shouldn’t bother.” Even though our client told Atlantic Credit and Finance that should wouldn’t be repaying the debt, the debt collection agency kept calling her.
The lawsuit charges that Atlantic Credit and Finance violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by employing false and deceptive means to collect a debt; and by using unfair and unconscionable means to collect a debt. The suit seeks statutory damages of $1,000, punitive damages, and other relief.
The Fair Debt Collection Practices Act (FDCPA) includes many diverse provisions that are intended to protect consumers from debt collectors’ aggressive strategies. Nevertheless, debt collectors often tell consumers things that just are not correct. By way of instance, a debt collection agency can’t garnish your wages or your bank accounts unless they have a judgment to do so. In addition, it’s illegal for a debt collector to pretend to be an attorney, a court officer, or a law enforcement officer.
If you feel as if your FDCPA rights have been violated, you do have recourse. You have every right to choose the offending debt collector to court, and sue for around $1000 dollars in statutory damages, plus court costs and lawyer fees. Although you can file a complaint with government agencies such as the CFPB or FTC, they rarely sue on behalf of people. You can however, get your day in court by filing a single lawsuit against a debt collector who violates the law.
Phone Numbers Atlantic Credit & Finance May Call You From
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 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
“I used to get up to 15 calls a week from several collection agencies. It got so bad I felt like I should just get a new phone number to make it quit. Happily, I discovered Lemberg Law. They immediately put an end to the calls.
“As we discussed on the phone earlier today, this settlement is perfectly okay to me. I need to thank you and all of your cohorts at Lemberg Law to get a project handled so professionally. Please allow Amy, the first person who contacted me from Lemberg, know how much I appreciate her efforts, kindness, and professionalism.”
I felt like I was sinking. After sending in my case evaluation, Lemberg Law quickly threw me a lifeline and turned the tide.”
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