Many people sink deep into debt by no fault of their own. With so many people living paycheck to paycheck, all it can take is a single layoff or accident to set you so far back that catching up seems impossible. If a debt collector is hired to collect what you owe, they may make the situation worse by making threats and intruding on your privacy. If this happens to you, you should see a consumer attorney, as this conduct is illegal.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, prohibits third party debt collectors from treating indebted consumers in unfair and unconscionable ways. Any collection agency that uses the tactics below can be fined thousands of dollars:
- Calling you before 8:00 a.m. and after 9:00 p.m.
- Making threats they have no intention of following up on, such as seizing your house or garnishing your wages
- Trying to collect a debt that was discharged in bankruptcy
- Swearing, yelling, and calling you names
- Contacting you after you have sent a cease and desist letter
- Using an auto dialer to leave a series of prerecorded messages
Company Profile: American Credit Acceptance, Corp.*
If you are being called by American Credit Acceptance, Corp., you can find some background information about the company below.
American Credit Acceptance, Corp., which also does business as Spartan Financial Partners, is a debt collection agency located in Spartanburg, South Carolina. It was founded in 2007, has a large workforce of 100 to 249 people, and is managed by Keith Kulas. A check of the database at the PACER website indicates that people who believed they were being harassed by American Credit Acceptance, Corp. challenged the company in court.
Alleged Violations against American Credit Acceptance, Corp.*
According to PACER, on or around early 2013, American Credit Acceptance, Corp. allegedly started to call a Wisconsin consumer to collect a debt. He alleged that during the initial conversation and during every conversation thereafter, he insisted to the company that he was not the debtor they were looking for, but the calls continued.
Feeling harassed by American Credit Acceptance, Corp., the consumer sought legal counsel and sued the company for allegedly:
- Using harassing and abusive means to collect the debt
- Using unfair and unconscionable means to collect the debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for American Credit Acceptance, Corp. are:
If either number ever flashes on your caller ID, it’s conformation that you are being contacted by American Credit Acceptance, Corp. If they keep calling you about someone else’s debt despite being advised that you are not that person, hire a consumer lawyer and file a claim against American Credit Acceptance, Corp. If the court rules in your favor, the company could be ordered to pay you $1,000 per FDCPA violation, so refusing to listen to you the first time could end up being an expensive mistake.
*Case taken from PACER (www.pacer.gov). File number is Case 2:13-cv-01042-RTR from the United States District Court for the District of Wisconsin, Milwaukee Division.
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 Credit Acceptance, Corp. or any other third-party collection agency, you may not be entitled to any compensation.