Is Accelerated Receivables calling you? Read this and protect your rights!
Being in debt can be hard enough to deal with, but when debt collectors are hounding you for payments you can’t afford, it’s tempting to declare personal bankruptcy to make the harassment stop.
Before you go to that extreme, however, be aware that you have rights that prohibit collection agencies from making your life difficult, no matter how much you owe.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects consumers from being bullied and harassed by third-party debt collectors.
Any debt collector who uses pressure tactics like those below can be fined and even lose their license.
- Calling before 8:00 a.m. and after 9:00 p.m., in the consumer’s time zone
- Yelling, swearing, or making threats
- Calling you at work if they know what such calls are not allowed
- Using the phone to indulge in harassing behavior, such as calling and hanging up
- Disguising the fact that they are debt collectors trying to collect a debt
- Revealing details about the debt with anyone but you, your spouse, or your attorney
- Telling you that you have broken the law and can go to jail
Company Profile: Accelerated Receivables
Accelerated Receivables is a debt collection agency located in Arcade, New York. It was founded in 2007, has fewer than 10 employees, and is managed by its President, David L Roach.
Records retained at the PACER (Public Access to Court Electronic Records) website indicate that Accelerated Receivables has been accused of FDCPA violations during its time in business.
Alleged Violations against Accelerated Receivables
Joshua Smilko vs. Accelerated Receivables
According to PACER**, In June 2010 Florida resident Joshua Smilko began receiving communications from Accelerated Receivables about an alleged debt.
He later complained that the company frequently called outside of FDCPA-approved hours, including but not limited to, the following dates and times:
- 7/3/2010 at 5:00 a.m.
- 7/9/2010 at 6:30 a.m.
- 12/25/2010 at 3:30 a.m. and 5:33 a.m.
On September 21 he sent Accelerated Receivables a letter that ordered the calls to cease and requested validation of the alleged debt, but the demand was allegedly ignored. Many of the callers were allegedly made using an autodialer that left pre-recorded messages.
Mr. Smilko alleged that on the occasions when he actually spoke to a collector, these individuals threatened to launch a lawsuit and have him imprisoned if he did not pay.
Accelerated Receivables also allegedly attempted to debit $150.00 from his checking account, an amount that was neither expressly authorized by the agreement creating the debt nor permitted by law.
Mr. Smilko hired an attorney and sued Accelerated Receivables for allegedly violating the FDCPA in the following ways:
- Calling him at a place and time known to be inconvenient to him
- Ignoring a cease communications request
- Using profane and obscene language
- Threatening actions that could not be legally taken or that were not actually intended to be taken
- Implying that he had committed a crime
- Using false and misleading means to collect a debt
- Using unfair or unconscionable means to collect a debt
- Collecting an amount that was not expressly authorized by the agreement creating the debt
A judge ruled in favor of Plaintiff, Joshua Smilko and against Defendant, Accelerated Receivables.
Hire an Attorney
The phone numbers for Accelerated Receivables are:
Case 8:11-cv-01328-VMC-TBM from United States District Court for the Middle District of Florida, Tampa Division
If the phone rings and either one of these numbers flashes on the caller ID, be aware that a collection agency may be looking for you. If they call you at unreasonable hours, imply that you have a committed a crime by not paying the debt, or deduct money from your checking account without your authorization, hire an attorney immediately.
Such abusive antics are illegal under the FDCPA, and you could be awarded $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages.
If a debt collector tries to enhance their own pay day at your expense, make them pay you instead.
**Case taken from PACER (www.pacer.gov). File number is Case 8:11-cv-01328-VMC-TBM from United States District Court for the Middle District of Florida, Tampa Division
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Accelerated Receivables or any other third-party collection agency, you may not be entitled to any compensation.