There’s nothing illegal about the debt collection industry itself, but many collection agencies behave in ways that violate the law. A debt collector is calling you daily, leaving abusive voice messages, and contacting your family when they already know how to get in touch with you, there are things you can do to make it stop.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, limits when, where, and how a third-party debt collector may contact you. Actions like the following are violations of this federal statute and allow you to sue the collection agency for compensation.
- Using profane and obscene language
- Claiming that you can go to jail for not paying a debt
- Using an autodialer to call you
- Harassing you over a debt that isn’t yours
- Calling you at work when they know that your boss doesn’t allow such calls
- Reporting false information to the credit bureaus
Company Profile: Advanced Financial Company
If you are being called by Advanced Financial Company, here are some more details about the agency.
Advanced Financial Company is a debt collection agency located in Carlsbad, California. It was established in 1996, has 33 employees, and is managed by CEO Randy Nakagawa. According to the company website, it provides homeowner's association account servicing.
Records at the PACER website indicate that consumers who believed they were being harassed by Advanced Financial Company fought back in court.
Alleged Violations against Advanced Financial Company
According to PACER, on or around April 30, 2018, Advanced Financial Company sent a collection letter to an Arizona couple, seeking payment for a timeshare debt.
The letter allegedly failed to include the required disclosures regarding their right to dispute the debt and seek verification or provide an address to which they could have sent any notice of dispute or request for verification.
On September 21, 2018, the couple received another collection letter. This one allegedly threatened them with negative credit reporting and included collection fees that caused the original debt to balloon.
Feeling harassed by Advanced Financial Company, the consumers sued the agency for allegedly violating their rights by:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Trying to collect an amount not permitted by law or the original creditor agreement
- Threatening to communicate negative information to the credit bureaus
- Failing to send a debt validation letter
- Failing to clarify their dispute rights
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for Advanced Financial Company are:
Their presence on your caller ID is confirmation that you are being called by Advanced Financial Company. If they fail to validate the debt, tack on unauthorized collection fees, or threaten to damage your credit, protect your rights by hiring a consumer lawyer and filing a claim against Advanced Financial Company.
You could be awarded $1,000 in statutory damages plus reasonable legal costs, so don’t assume that you have no means of getting justice.
Case taken from PACER (pacer.gov). File number is Case 2:18-cv-04180-JAT 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 Advanced Financial Company, or any other third-party collection agency, you may not be entitled to any compensation.