Is Access Capital Credit calling you? Here's what you need to know.
Abusive debt collectors were in the spotlight in November 2015, when the Federal Trade Commission, along with other federal and state agencies, announced that charges were being brought against debt collectors across the country for allegedly using hostile or deceptive practices. Some companies were even accused of trying to collect ‘phantom’ (nonexistent) debts from consumers who they knew didn't owe anything.
Being in debt is stressful enough without also being subjected to harassment and intimidation. Even though you owe money, you have certain rights. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party debt collectors from doing any of the following when collecting or attempting to collect a debt from you.
- Calling you before 8:00 a.m. or after 9:00 p.m. in your time zone
- Telling uninvolved third parties that you owe a debt
- Swearing and yelling to intimidate you into paying
- Misrepresenting how much you actually owe
- Contacting you even after you’ve sent them a cease communications notice
- Calling you at your workplace after you've told them that your employer doesn't permit such calls
As the FTC announcement proves, a lot of debt collectors ignore the FDCPA.
Access Capital Credit is a collection agency located in El Cajon, California. It is a smaller company, with less than 10 employees, and appears to specialize in collecting delinquent retail accounts. According to court files archived at the Public Access to Court Electronic Records website (pacer.gov), Access Capital Credit has allegedly violated the FDCPA while attempting to collect from consumers. People have also resorted to the consumer complaint boards to accuse the company of trying to collect a debt they don’t owe.
Robert Borovay v. Access Capital Credit
According to PACER **, California resident Robert Borovay accepted an offer for a seven day trial period for the dental cleaning product, "White Overnite Night." The offer stipulated that he could cancel before the seven day period free of charge if he was not satisfied with the product. Mr. Borovay canceled the agreement and did so before the trial period had expired.
On Oct 8, 2007, Access Capital Credit sent a collection letter to Mr. Borovay and requested payment on the alleged debt. He sent the agency a written request for validation of the debt and added that he refused to pay it, as he did not believe it existed.
Access Capital Credit allegedly continued to place collection calls to Mr. Borovay after receiving his letter. He later claimed that he never received the written validation he had requested.
Robert Borovay hired a consumer attorney and sued Access Capital Credit for the alleged FDCPA violations:
- Continuing to attempt collections after Mr. Borovay sent them written notice of refusal to pay ( § 1692c(c))
- Falsely representing the character and legal status of the alleged debt (§ 1692e(2)(a))
- Seeking and demanding payment of a debt that Mr. Borovay did not legally owe (§ 1692f(l))
- Continuing to contact him after receiving a written request inquiring what the debt was for, how it was calculated, and documentation that proved he owed the alleged debt. (§ 1692g(b))
The matter was later dismissed.
The phone numbers for Access Capital Credit are 1-619-966-9597 and 1-866-669-8097. If either number appears on your caller ID, a debt collector is trying to contact you about a debt you may not even owe. If you do not owe the money and the agency persists in its collection efforts, see a consumer attorney. Trying to collect a nonexistent debt is against the law, and if a judge rules in your favor, Access Capital Credit could end up owing money to you instead.
**Case taken from PACER (www.pacer.gov). File number is (Case 3:08-cv-01365 from United States District Court, Southern District of California, San Diego 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 Access Capital Credit or any other third-party collection agency, you may not be entitled to any compensation.