Express Recovery Services or ERS is a third-party collection agency based in Salt Lake City, UT. ERS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including illegal communication tactics and attempting to collect debts not owed. If you have been contacted by Express Recovery Services, understand your rights before responding.
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According to the Better Business Bureau (BBB), Express Recovery Services, Inc. is a legitimate collection agency, founded and incorporated in January 1996. The BBB established its profile page in March 1996. The BBB lists ERS as a collection agency that uses the alternate business name, Clear Management Solutions. Buzzfile estimates ERS’ annual revenue at $1.7 million.
According to its website, ERS “is a leading provider of receivables management services throughout the United States.” ERS cites as its strengths its “superior, pro-active service designed to reduce…administrative burden and create a user-friendly relationship for…management…and staff”; its positive advocacy-oriented customer service approach; its staff of “happy, well-trained employees”; and its “wide array of customized services.”
As a full-service third-party collection agency, Express Recovery Services offers delinquent account collections; extended business office services; account backlog clean-up programs; receivables management consulting; customized recovery campaigns; and litigation services. ERS’ website does not provide industry-specific information about its collection practices.
As for compliance, Express Recovery Services claims to offer “the most extensive training program in the industry…with new hire training that consists of four weeks of classroom instruction where employees are educated about the FDCPA, HIPAA, Consumer Financial Protection Bureau regulations, FCRA and other state and federal laws.” Furthermore, “ERS employs one of only two ACA Certified Training Specialists in the State of Utah… enabling them to provide in-house certification for their employees.” However, ERS’ website is client-facing and does not provide links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed 11 complaints against Express Recovery Services in the past three years, with 4 closed in the past 12 months. Almost all of those complaints allege problems with billing and collections. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has received 26 complaints about ERS. Justia lists at least 15 cases of civil litigation involving ERS.
Express Recovery Services, Inc.
PO Box 26415
Salt Lake City, Utah 84126
Telephone: (800) 238-5888
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely ERS 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 April 2017, in the Utah Court of Appeals, a judge issued an Opinion regarding a case challenging ERS’ right to collect a debt. In this case, the plaintiff had been hired by an appliance servicing company. As part of the hiring agreement, the appliance servicing company agreed to pay for training for the plaintiff. The employment contract contained “a liquidated damages provision requiring the plaintiff to reimburse the company for training costs if he was terminated within two years after he completed his training.” The plaintiff left his employer during that two-year period, which resulted in the collection effort discussed at the April 2017 hearing.
The appliance company attempted to recover the costs of the training by hiring ERS to collect an amount of $10,348.25 as a result of breach of contract on the part of the plaintiff. The plaintiff objected to the breach of contract finding, and filed a countersuit for unjust enrichment, seeking a setoff of $1,600. During the trial, Express Recovery Services was unable to prove its breach of contract claim, relieving the plaintiff from any financial obligation regarding the training course. At the same time, the plaintiff was not successful in proving his counterclaim. As a result, because neither party was able to prove its claim, the trial court denied court costs and attorney fees to both parties.
The April 2017 hearing was held to determine the plaintiff’s appeal of the trial court’s decision to deny him attorney fees and court costs. He argued that although he had not proven his counterclaim, he had prevailed in his primary objective of defeating ERS’ breach of contract claim. Because he was successful in that regard, he should have been awarded court costs and attorney fees as the prevailing party. Express Recovery Services argued that he would have received the award if he had prevailed in his counterclaim. The plaintiff countered that an award of court costs and attorney fees has never been predicated on the success of any counterclaims, and that in fact he was not even required to file a counterclaim. The awarding of court costs and attorney fees follows exclusively from prevailing against the opposing party in the motivating issue at trial. The court agreed and remanded the case back to trial to determine the amount of the award for the plaintiff.
Consumers are protected from abusive debt collectors from the Fair Debt Collection Practices Act (FDCPA). By way of instance, the debt collector must identify himself or herself, who they’re working for, and what debt they’re collecting. The FDCPA claims that debt collectors can’t use any deceptive or misleading representation, like implying the debt is secured by the USA or any particular state. Additionally, they can’t use a badge or uniform to pretend they’re a government employee collecting a debt. Misrepresentation is a violation of the FDCPA and could be reported as such.
In case you’ve been a victim of a debt collector’s wrongdoing, then you can search for justice under the FDCPA. You have the right to pursue a claim against the debt collector; if you prevail, you can collect up to $1,000, plus attorney fees and court costs.
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.
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.
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