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Atlantic Recovery Solutions or ARS is a third-party collection agency based in New York. ARS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as improper contact or sharing of information and threatening to take actions that cannot legally be taken. If you have been contacted by this debt collector, make sure you understand your rights before taking action.
According to the Better Business Bureau (BBB), Atlantic Recovery Solutions is a legitimate collection agency originally incorporated in December 2012 before starting in February 2013. The BBB established its profile page two months later, in April 2013. ARS is listed as a collection agency.
According to its website, ARS provides “financial solutions for…clients…and investors, while maintaining the highest level of professionalism and integrity in the industry.” ARS’ mission is to “help creditors liquidate consumer receivables and assist consumers in resolving their financial challenges, while carrying on a high level of professionalism…ARS recognizes each consumer’s distinct financial situation, and tries to work with them as well as their clients to come to voluntary resolutions.”
ARS’ professional services “include debt collections and litigation solutions.” Their website does not provide a lot of detailed information about their business practices, stating simply that they “work with a variety of clients and produce very high liquidation and recovery rates” with a business model that “emphasizes compliance and integrity.” Litigation services in the form of “wage garnishment, civil judgments, or by default judgment… are executed by ARS’ legal network of attorneys.” ARS’ clients “include financial companies, local retail and consumer merchants, housing facilities, medical institutions, bank cards, and other local merchants.”
As for compliance, all Atlantic Recovery Solutions employees must complete Fair Debt Collection Practices Act (FDCPA) “training requirements and have received certification after passing an FDCPA exam. Ongoing training takes place on a quarterly basis. Furthermore, accounts and calls are monitored and recorded as a part of ARS’ compliance and training process.” However, the Consumer Resources tab only provides a link to a page on the Debt Buyers’ Association website.
The BBB has closed 41 complaints against Atlantic Recovery Solutions in the past three years, with 26 closed in the past 12 months. Most of those complaints allege problems with billing and collections. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has received 25 complaints about ARS. Justia lists at least 3 cases of civil litigation involving ARS.
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely ARS 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 Sample Cases against filed in Federal Court
Complaints against Atlantic Recovery Solutions commonly cite hostile, rude, and aggressive conduct by telephone representatives. In November 2017, a complainant indicated that two ARS representatives had called and “threatened his wife.” The representatives indicated they were going to call the complainant’s “military chain of command and take away his clearance; … that he could get in trouble; and that it will affect his…career.” Allegedly, the representatives also threatened to “look into his wife’s account and take her… money because the complainant owed them money from his repossession.”
The complainant further alleged that Atlantic Recovery Solutions representatives were “rude and disrespectful in general…spoke over his wife and didn’t even give her information on how to go about paying the debt.” He complained that this “kind of disrespect and threat should not be allowed.” In response, ARS indicated that “after reviewing the recordings of the phone calls to the complainant we were able to determine that our representative did not follow…internal policies as far as customer service. That representative has been suspended without pay, and also he has been mandated to attend…a re-training course. Also, that representative has been removed from handling the complainant’s account.” ARS indicated further that “an arrangement was secured with our office, and the complainant’s account is considered as paid and closed.” ARS “apologized for any inconvenience that this may have caused.”
The complainant’s rebuttal indicated that he was not satisfied with the resolution. He believed “that the client who threatened to go into his wife’s account and take her money should be released from business,” and that when “a customer is being threatened with something to this extent, no pay for several days and taking a training course does not compensate for their actions. This is basically a slap on the wrist.” He believed ARS should hold itself to a higher standard. ARS responded by stating that their “internal disciplinary policy… requires only that the representative is to be suspended with no pay for 3 business days. Also, the representative has been placed on a final notice and mandated to undertake our internal re-training course on customer service.” Atlantic Recovery Solutions apologized that the complainant did not agree with their internal policies but such policies “are unable to be altered by an outside party
Atlantic Recovery Solutions
P.O. Box 156
East Amherst, NY 14051
Telephone: (866) 264-0498
Understanding your Debt Collection Rights
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) enforce consumer protection laws. The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are two federal laws that help regulate the collections industry. The FDCPA prohibits actions such as threatening to take actions that cannot legally be taken or using false or misleading language to collect a debt.
The FCRA regulates how collection agencies report information to credit reporting agencies. Additional consumer protection laws include the Consumer Financial Protection Act (CFPA) and the Telephone Consumer Protection Act (TCPA).
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers to recover damages of up to $1,000, plus attorney fees and court costs, in cases proving violations of the FDCPA.
The case above illustrates how understanding your rights and responsibilities under these laws is an important part of holding collection agencies accountable for their actions. Seeking legal assistance can help you resolve a dispute with a 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.
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.
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