When a debt collector calls you nonstop even after you’ve disputed the debt or indicated an inability to pay, legal debt collection changes into illegal harassment. If you’re ever in this position and facing a collection agency that just won’t quit, read on to learn more about your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that specifies what third-party debt collectors may say or do to settle a debt. Unprofessional approaches like those listed below are illegal when used as a collection tactic.
- Swearing and using profane language
- Demanding amounts that exceed the original debt
- Calling at all hours of the day and night
- Threatening legal action they have no intention of taking
- Discussing the debt with your family, friends, and co-workers
- Leaving voice messages that do not identify the collector and the purpose of their call
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Company Profile: ACB American
If you are being called by ACB American, here are some additional company details.
ACB American, which also does business as ACB Recovery Inc., is a collection agency headquartered in Covington, Kentucky. It was established in 1962, has 26 employees, and is managed by its President and CEO, Anthony Faeth.
Consumer litigation records at the PACER website suggest that consumers who believed that they were being harassed by ACB American challenged it in court.
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Alleged Violations against ACB American
According to PACER, in or around mid-2009, ACB American began contacting a California consumer to collect a debt. She alleged that the agency called her continually about a debt that she did not owe and would not stop even after being informed that she was not the debtor.
Feeling harassed by ACB American, the consumer retained an attorney and sued the agency for allegedly:
- Using harassing and abusive means to collect a debt
- Harassing her by phone
The matter was settled.
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Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If you see any of them on your caller ID at any time of the day or night, you are being called by ACB American. If you are not the debtor but they still keep calling you, hire a consumer lawyer and file a claim against ACB American.
If they didn’t listen to you the first time, an FDCPA lawsuit can finally send the message home that the law is in place for a reason.
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Additional Resources
Case taken from PACER (pacer.gov). File number is Case 2:09-cv-09067-MAN from the United States District Court for the Central District of California, Western Division.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against ACB American or any other third-party collection agency, you may not be entitled to any compensation.