Are you being called by Account Recovery Services, Inc.?* Here's what you need to know
In 2014 the U.S. Consumer Financial Protection Bureau reported that it had received over 200,000 complaints against collection agencies the previous year. If you are being harassed by a debt collector, it’s important to understand that while collecting debts is legal, abuse is not.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed over 40 years ago to combat abuse of indebted consumers by third-party collection agencies. Under this federal consumer protection law, no collection agency can use punitive methods like those below to make you pay.
- Shouting and using profanities
- Threatening to garnish your wages or send you to jail if you don’t pay
- Refusing to validate the debt and prove that they are authorized to collect it
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Reporting false information to the credit bureaus
- Saying that they have court papers ready to serve on you when they don’t
Company Profile: Account Recovery Services, Inc.
Account Recovery Services, Inc. is a collection agency located in Goodyear, Arizona. It was established in 1992, has less than 10 employees, and is managed by its President, Kevin Davis. According to the company website, it is a member of the Arizona Collectors Association and the Association of Credit and Collections Professionals. A review of lawsuit dockets at the PACER (Public Access to Court Electronic Records) website reveals that consumers who believed they were being harassed by Account Recovery Services, Inc. fought back in federal court.
Alleged Violations against Account Recovery Services, Inc.
Beatrice Sauceda vs. Account Recovery Services, Inc.
According to PACER, on October 22, 2014 Account Recovery Services, Inc. sent a collection letter to Arizona resident Beatrice Sauceda, demanding payment for a medical debt that had been included in a Chapter 7 bankruptcy filing. Legally, this meant that she no longer owed it.
Feeling harassed by Account Recovery Services, Inc., she hired a consumer attorney and sued the agency for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Trying to collect a debt that was included in a bankruptcy filing
The matter was later resolved.
Hire an Attorney
The phone numbers for Account Recovery Services, Inc. are:
If either of these numbers appear on your caller ID in response to an incoming call, it means that you are being called by Account Recovery Services, Inc.. If they insist on payment for a debt that you no longer owe, hire a consumer attorney who can help you protect your rights in court. If you file a claim against Account Recovery Services, Inc., you could receive $1,000 per violation as well as legal costs associated with pursuing the claim. As a consumer you have rights that you should never hesitate to act on.
*Case taken from PACER (www.pacer.gov). File number is Case 2:15-cv-00334-SRB from the United States District Court for the District of Arizona.
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 Account Recovery Services, Inc., or any other third-party collection agency, you may not be entitled to any compensation.