Many Americans today face the difficult choice of paying their rent and grocery bills or paying an aggressive debt collector who calls them every day, yells at them, and threatens to have them arrested. The first thing that you need to know is that legally, you don’t have to make this choice.
The abusive collection agencies reply on you being too frightened and intimidated to seek the legal help you are entitled to.
Your Rights Under the FDCPA
In 1977 Congress passed the Fair Debt Collection Practices Act (FDCPA). It was designed to stop the harassment and bullying tactics used by debt collectors, usually on people already in severe distress.
If a collection agency violates the FDCPA, you have a right to bring a lawsuit against them and demand compensation.
- Swearing, yelling, and calling you names
- Contacting you after you have sent a cease and desist letter
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Using an autodialer to leave a series of pre-recorded messages
- Failing to identify themselves as debt collectors trying to collect a debt
- Calling you at work after you tell them that you can’t take personal calls there
Company Profile: American Credit and Collections, LLC
If you are being called by American Credit and Collections, LLC, information about the company is below.
American Credit and Collections, LLC is a debt collection company located in Scranton, Pennsylvania. It was established in 2005, has less than 10 employees, and is managed by its President, Michael Conflitti.
Files retained at the PACER (Public Access to Court Electronic Records) website reveal that consumers who felt they were being harassed by American Credit and Collections, LLC realized that they didn’t have to tolerate the abuse and filed lawsuits.
Alleged Violations against American Credit and Collections, LLC
According to PACER, in September 2009 American Credit and Collections, LLC began calling a Pennsylvania consumer about a credit card debt. She told them that she was out of work but would pay when she got her tax return the following March.
Nonetheless, in February she got a letter “reminding” her that she had promised to pay $100 on or before February 25, although she had made no such promise. When she called the agency to complain, she was allegedly threatened with a lawsuit.
Feeling harassed by American Credit and Collections, LLC, she hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Using abusive and harassing means to collect a debt
- Misrepresenting the character, amount, or legal status of the debt
- Threatening legal action not meant to be taken
The matter was later dismissed.
Hire an Attorney
The phone number for this debt collection agency is 1-570-207-3383. If you’re interrupted by the phone ringing late one night and see this number on your caller ID, it means that you are being called by American Credit and Collections, LLC.
If they verbally abuse you and try to deceive you into paying a debt you can't afford, hire a consumer attorney. Harassing consumers is against the law and if you file a claim against American Credit and Collections, LLC, you may potentially receive $1,000 per FDCPA violation plus legal fees and costs associated with the action.
When a collection agency uses threats, you have the right to call them on it in court.
Case taken from PACER (pacer.gov). File number is Case 2:10-cv-01266-JCJ from the United States District Court for the Eastern District of Pennsylvania.
*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 Credit and Collections, LLC, or any other third-party collection agency, you may not be entitled to any compensation.