If a debt collector is making your life miserable, they are probably breaking the law. Debt collection is legal, but when consumers are bullied, deceived, and harassed to collect that money, legal and ethical lines have been crossed and the debtor in question can seek compensation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a federal consumer protection law that prohibits third-party collection agencies from mistreating consumers during the debt collection process. Actions like those below can cause legal consequences for the company.
- Ignoring a formal cease communications request
- Reporting false information to the credit bureaus
- Demanding amounts that exceed the original debt
- Contacting you after you are represented by an attorney
- Making threats they have no intention of following up on
- Refusing or failing the validate the debt
Company Profile: Action Financial Services, LLC
If you are being called by Action Financial Services, LLC, here is some background information about the agency.
Action Financial Services, LLC is a debt collection agency located in Medford, Oregon. It was incorporated in 2009, has 10 employees, and is managed by owner Rebecca Dillard. It is primarily a student loan collection agency.
Records retained at the PACER website confirms that consumers who felt that they were being harassed by Action Financial Services, LLC escalated the situation to the courts for a resolution.
Alleged Violations against Action Financial Services, LLC
According to PACER, on or around mid- 2012, Action Financial Services, LLC allegedly pursued collection actions against a California consumer. He later alleged that collectors threatened to garnish his wages and intercept his tax return if he did not pay.
Feeling harassed by Action Financial Services, LLC, the consumer obtained legal counsel filed an FDCPA lawsuit against the company for:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using abusive and oppressive means to collect a debt
- Using profane and obscene language
- Threatening legal actions it had no intention of taking
The matter was later settled.
Hire a Consumer Lawyer
The phone number for Action Financial Services, LLC is 1-888-253-4239. If you are ever interrupted by a phone call and see it on your caller ID, you are being called by collectors from Action Financial Services, LLC.
If they are rude and abrasive and make legally insupportable threats, contact a consumer lawyer and file a claim against Action Financial Services, LLC for violating your rights. If you win, you may be awarded $1,000 per FDCPA violation and the collection agency will be reminded that the ends don’t always justify the means.
- Did a Debt Collector Notify a Third Party Regarding Your Debt?
- Has a Debt Collector Used Profane Language?
Case taken from PACER (pacer.gov). File number is Case 2:12-cv-09798-PA-JCG 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 Action Financial Services, LLC or any other third-party collection agency, you may not be entitled to any compensation.