CAC Financial Corp. (CAC) is a third-party collection agency that specializes in healthcare collections. CAC has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including failure to verify debts and attempting to collect debts not owed. If you have been contacted by CAC, make sure you understand your rights before responding.
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According to the Better Business Bureau (BBB), CAC Financial Corp. is a legitimate collection agency founded in 1943 and incorporated in 1983. The BBB established CAC’s profile page four months after its incorporation in 1983. CAC is listed as a collection agency that “handles financial services, hospital insurance billing and AR management.” Buzzfile estimates CAC’s annual revenue at $12.2 million and the size of its headquarters staff at 130 people.
CAC’s website does not provide a lot of detailed information about its business practices. CAC’s home page indicates that they have “been providing financial services and accounts receivable solutions with integrity for over 75 years.” Furthermore, CAC is “a member of ACA International, …PPMS Certified, …SSAE 16 Audit Certified, and PCI Compliant.”
CAC’s Consumer Help page provides a web-based contact form that allows consumers to enter their name, account number, contact information, and comments. This page contains a disclaimer that states, “CAC…is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.” However, there are no links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has posted an informational message about the rights and responsibilities of debt collection agencies and consumers in the Reviews and Complaints section of CAC’s profile page. The BBB has closed 15 complaints against CAC Financial Corp in the past three years, with 5 closed in the past 12 months. Complaints are fairly evenly split between those alleging problems with billing and collections and those alleging problems with advertising and sales. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has received 12 complaints about CAC. Justia lists at least 8 cases of civil litigation involving CAC.
CAC Financial Corp.
2601 Northwest Expressway, Suite 1000E
Oklahoma City, OK 73112
Telephone: (866) 218-8271
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely CAC 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 September 2011, in the United States District Court for the District of Oregon, Eugene Division, a judge issued an Oder in a case alleging CAC Financial Corp had violated the Fair Debt Collection Practices Act (FDCPA). In this case, the plaintiffs initially filed a complaint alleging that CAC had made harassing phone calls to them and to their relatives. However, the issue in the September 2011 hearing was not the nature of the calls themselves, but whether CAC was correctly identified as the source of the calls. Attorneys for the plaintiffs indicated that they had filed the complaint against CAC because the plaintiffs had received collections calls in which the callers identified themselves as representatives of CAC; and because the only entity licensed to act in the capacity of a debt collector under the name CAC in the State of Oregon is CAC Financial Corp. Regardless, after receiving the initial complaint, CAC contacted the plaintiff’s attorneys, denied having made the calls, and requested from the plaintiffs’ attorneys “the number from which the collection calls originated.” The plaintiffs’ attorneys refused the request, because they were concerned that CAC may delete the calls from its call logs. The plaintiffs’ attorneys requested that “CAC provide its long distance carrier so…[they] could issue a subpoena to determine if CAC made the calls,” but CAC refused. Ultimately, the origin of the calls was traced to a different collection agency in Georgia, but plaintiffs’ attorneys were still not entirely convinced and continued to investigate to determine the nature of the involvement between the two agencies.
Regardless, during the investigative period, the plaintiffs had moved to dismiss the charges against CAC Financial Corp without prejudice until such a determination could be made, and moved forward with their complaint against the Georgia-based agency. The September 2011 hearing was held to determine whether CAC should be awarded attorney’s fees for its involvement thus far. CAC argued that the plaintiffs were unreasonable and vexatious, but the court disagreed, citing the plaintiff’s basis for initially identifying CAC Financial Corp as the defendant. As a result, CAC’s motion for attorney fees was denied.
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) enforce consumer protection laws, including the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). These two federal laws help regulate the collections industry. The FDCPA prohibits actions such as the use of false or misleading statements in an effort 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 can help you hold collection agencies legally accountable. Seek legal assistance if you need help resolving a dispute with a 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.
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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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