Most American consumers owe money to one form of creditor or another. When illness or job loss prevent you from keeping up payments, debt collectors will eventually contact you, and not all of the communications will be friendly. If the agency behaves in an abusive manner, however, the law lets you take action.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects you from debt collector misconduct. Actions like those below violate federal law and can serve as the grounds for a lawsuit against a collection agency.
- Calling you at all hours of the day and night
- Failing to notify the credit bureaus that you dispute a debt
- Demanding amounts that are not supported by law or the original creditor agreement
- Cursing you out over the phone
- Threatening consequences they have no intention of carrying out
- Calling and sending you letters directly when they know you have an attorney
Company Profile: Activate Financial, LLC
If you are being called by Activate Financial, LLC, here are some more details about the company.
Activate Financial, LLC is a debt collection agency located in San Diego, California. It opened for business in 2011, has approximately 25 employees, and is managed by its President, Christopher Shuler. It has a C- rating with the Better Business Bureau. The PACER website holds records indicating that consumers who felt that they were being harassed by Activate Financial, LLC fought back.
Alleged Violations against Activate Financial, LLC*
According to information on the PACER website, in or around April 3, 2019, Activate Financial, LLC sent a collection letter to a New York consumer. He felt that it violated his dispute rights by giving misleading information about how he should submit a dispute.
Feeling harassed by Activate Financial, LLC, the consumer sued the company for:
- Misleading him about his dispute rights
- Using false, deceptive, and misleading methods
Hire a Consumer Lawyer
The phone numbers for Activate Financial, LLC are:
If you see these numbers on your caller ID for your home or cell phone, it means that Activate Financial, LLC is calling. If they give you misleading information about how to dispute the debt, hire a consumer lawyer and file a claim against Activate Financial, LLC. You could receive $1,000 per violation plus court costs and attorney fees, so when a collection agency refuses to listen to you, a lawsuit can help them get the message.
- More on the Fair Debt Collection Practices Act (FDCPA)
- Has a debt collector impersonated the IRS or Police?
*Case taken from PACER (pacer.gov). File number is Case 1:19-cv-03359-GHW from the United States District Court for the Southern District of New York.
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 Activate Financial, LLC or any other third-party collection agency, you may not be entitled to any compensation.