If you're getting calls from Action Collection Agency, you may want to know about your consumer rights.
Is a debt collector calling you at home and even work on a daily basis, yelling at you and rudely demanding that you pay now or risk wage garnishment, public exposure, or even arrest?
If so, they are breaking the law, and if you file a claim against them, you could be awarded even more money than you allegedly owe.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect indebted consumers from abusive debt collection methods.
Any agency that uses pressure tactics like the following can potentially have their license revoked.
- Yelling, swearing, and using language meant to intimidate you
- Discussing the debt with anyone except you, your attorney, spouse, or any co-signers on the debt
- Demanding amounts inflated by ‘service charges’ and other miscellaneous fees
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Telling you that you will arrested or your wages garnished if you don’t pay
- Pretending to be police officers or federal agents with power to enforce
Company Profile: Action Collection Agency
Action Collection Agency is a debt collection company located in Middleborough, Massachusetts. It was established in 1967, has an estimated 36 employees, and is managed by its President, Jay E. Gonsalves.
When litigation records retained at the PACER (Public Access to Court Electronic Records) website are reviewed, it becomes clear that consumers who felt they were being harassed by Action Collection Agency refused to be intimidated.
Instead, they pursued damages through the court system.
Alleged FDCPA Violations by Action Collection Agency
Giovanni Pomales vs. Action Collection Agency **
According to PACER, on or about July 14, 2016, California resident Giovanni Pomales allegedly received a call from Action Collection Agency on his cell at 7:23 a.m.
When he answered, he was greeted with music and a prerecorded voice advising that he was on hold. Mr. Pomales knew that the company was trying to collect a medical debt from him and was annoyed at receiving a debt collection call early in the morning.
Feeling harassed by Action Collection Agency , he hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Harassing him by telephone to collect a debt
- Using an auto-dialer to contact him
- Calling outside of the hours of 8:00 a.m. to 9:00 p.m. in his time zone
Hire an Attorney
The phone numbers for this debt collection agency are:
If you see either one on your caller ID at any time, be aware that you are being called by Action Collection Agency. If they use auto-dialers to contact you outside of FDCPA-approved hours, hire a consumer attorney who can help you file a claim against Action Collection Agency.
If the court rules in your favor you may potentially be awarded $1,000 per FDCPA violation plus court costs and reasonable attorney fees.
Owing money does not make you a target for harassment- it’s an assumption that turns into an expensive mistake for many debt collectors.
**Case taken from PACER (www.pacer.gov). File number is Case 3:16-cv-02028-AJB-MDD from the United States District Court for the Southern District of California.
*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 Action Collection Agency , or any other third-party collection agency, you may not be entitled to any compensation.