Are You Being Called By American Collateral Recovery Group?*

Are you being called by American Collateral Recovery Group?* Here’s what you need to know

When debt overwhelms you and collection agencies are calling every day, it can be so stressful that you might consider bankruptcy, especially if the debt collector you’re dealing with is demanding, rude, and intrusive. Before making an appointment with a trustee, however, see an attorney first, as consumer harassment violates federal law.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act, or FDCPA prohibits abusive debt collection practices. It regulates what debt collectors may say or do while communicating with consumers and prohibits practices like those below.

• Raising their voice and making threats they have no intention of following up on
• Discussing the debt with anyone except you, your spouse, attorney and any co-signers
• Threatening legal action they cannot take, such as having you arrested and seizing your assets
• Demanding amounts not supported by law or the original creditor agreement
• Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m.
• Using profane or obscene language

Company Profile: American Collateral Recovery Group

If you are being called by American Collateral Recovery Group, information about the company is below.

American Collateral Recovery Group is a debt collection and repossession company located in Garland, Texas. It was founded in 2005, has less than 10 employees, and is managed by its owner, Ron Brasch. Litigation records archived at the PACER (Public Access to Court Electronic Records) website confirm that consumers who felt they were being harassed by American Collateral Recovery Group have sued the agency to seek compensation.

Alleged Violations against American Collateral Recovery Group

Jason Breneman, Carrie Breneman, and Blanche Chmura vs. American Collateral Recovery Group*

According to PACER, in 2010 American Collateral Recovery Group started contacting Michigan residents Jason Breneman, Carrie Breneman, and Blanche Chmura regarding an automobile debt owed by Ms. Chmura.

In December, the company contacted Jason and Carrie Breneman at their workplace. The Brenemans told the collector not to call them there. Nonetheless, American Collateral Recovery Group allegedly continued to call every day, at least two times a day. The collectors also asked for Ms. Chmura despite being told that she did not work there.

Sometime American Collateral Recovery Group called Ms. Breneman at work and told her co-worker that Ms. Chmura owed money on a car and that it had to be paid off or turned in. The same collector, who identified himself as “Martin Newman”, left one message that allegedly threatened Ms. Chmura with legal proceedings. In another message for Ms. Breneman, Mr. Newman allegedly failed to indicate that he was a debt collector and stated, “This is in regards to a case that has been filed in our office against your mother, Blanche Chmura.” He also allegedly stated that “Chrysler Financial will need a total payoff amount for the car back at this time.”

Another collector who identified herself as “Investigator Renee Moore” allegedly left a message saying that she was trying to reach Carrie or Jason Breneman regarding a case that had been filed against them in her office.

Feeling harassed by American Collateral Recovery Group, the Brenemans and Ms. Chmura hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:

• Threatening legal action that they could not take
• Failing to identify themselves as debt collectors in every call
• Calling the Brenemans at their place of employment despite being told to stop
• Using unfair or unconscionable means to collect a debt
• Using harassing and oppressive means to collect a debt

The matter was later settled.

Hire an Attorney

The phone numbers for American Collateral Recovery Group are:

• 1-972-226-2440
• 1-888-735-4153

If you see either this number on your caller ID when the phone rings, be aware that you are being called by American Collateral Recovery Group. If they fail to identify themselves as debt collectors, threaten lawsuits, and ignore a request to stop calling your workplace, hire a consumer attorney. If you file a claim against American Collateral Recovery Group and win, you could potentially receive $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. When debt collectors use abusive collection practices, the law can help you assert your rights.

*Case taken from PACER (www.pacer.gov). File number is 2:12-cv-11427-PDB-MKM from the United States District Court for the Eastern District of Michigan.

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 American Collateral Recovery Group, or any other third-party collection agency, you may not be entitled to any compensation.