Are You Being Called By American Profit Recovery?* Here's What You Need to Know
When you’re deep in debt, it’s a stressful situation that can be made worse by calls and letters from rude and demanding debt collectors. If their communications with you start to border on the abusive, contact an attorney. There are federal laws that prohibit what third-party collection agencies can say or do to collect a debt.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from over-zealous third-party debt collectors. It prohibits actions like the following and penalizes collection agencies that employ them.
- Swearing and calling you names
- Talking to uninvolved parties such as your friends, family, and co-workers about the debt
- Contacting you after you have sent a cease and desist letter
- Threatening legal action that they are not in a position to take or have no intention of taking
- Calling you outside of the hours of 8:00 a.m. and 9:00 p.m. your time
- Threatening legal action they cannot take or have no intention of taking
Company Profile: American Profit Recovery
If you are being called by American Profit Recovery, information about the company is below.
American Profit Recovery is a debt collection company located in Farmington Hills, Michigan. It was founded in 2004, has 20 to 49 employees, and is managed by its owner, Jeff Spurgess. Litigation records archived at the PACER (Public Access to Court Electronic Records) website confirm that consumers who felt they were being harassed by American Profit Recovery have hired attorneys and confronted the company in court.
Alleged Violations against American Profit Recovery
Gregory Roberts vs. American Profit Recovery*
According to PACER, in or around early 2014 American Profit Recovery started contacting Michigan resident Gregory Roberts to collect an alleged debt, although Mr. Roberts later asserted that he never received a thirty-day validation notice. During a conversation in or around February 2014, the company allegedly threatened Mr. Roberts with immediate legal action if the debt was not promptly repaid, but no legal action ever transpired. During the same conversation, American Profit Recovery also allegedly said it would garnish his wages.
Feeling harassed by American Profit Recovery, Mr. Roberts 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
- Threatening legal action that they could not take
- Failing to send a debt validation notice
- Misrepresenting the legal status of the debt
- Using unfair or unconscionable means to collect a debt
- Using harassing and oppressive means to collect a debt
The matter was then settled on a later date.
Hire an Attorney
The phone numbers for American Profit Recovery are:
If you see any of these numbers on your caller ID when the phone rings, it means that you are being called by American Profit Recovery. If they fail to validate the debt and threaten to garnish your wages if you don’t pay, hire a consumer attorney. If you file a claim against American Profit Recovery with your attorney’s assistance and win, you could potentially be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages. No matter how much debt you carry, you have rights that debt collectors ignore at their own risk.
*Case taken from PACER (www.pacer.gov). File number is 4:14-cv-11634-LVP-RSW 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 Profit Recovery, or any other third-party collection agency, you may not be entitled to any compensation.