If debt collectors are making your life impossible by calling you every day, threatening litigation, and leaving obscenity-ridden voice messages, you may be contemplating bankruptcy to stop the harassment.
Although this may be an option for your debt situation, there are also laws in place to protect you when collection agencies turn abusive.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is the federal consumer protection law that prohibits third-party debt collectors from engaging in certain types of collection activity. Examples of illegal collection practices include:
- Threatening legal actions they have no intention of carrying out
- Swearing at you
- Demanding high amounts inflated by service ‘fees’
- Revealing details about the debt to anyone but you, your spouse, lawyer, and co-signers.
- Threatening to have you arrested
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
Company Profile: Atlantic Recovery Solutions, LLC
If you are being called by Atlantic Recovery Solutions, LLC, some background information on the agency has been assembled.
Atlantic Recovery Solutions, LLC is a debt collection agency located in Getzville, New York. It opened for business in 2013, has approximately 10 employees, and is managed by its President, Zachariah Aga.
The company has a B rating with the Better Business Bureau due to 48 complaints against it. FDCPA lawsuits viewable at the PACER website indicate that consumers who believed they were being harassed by Atlantic Recovery Solutions, LLC decided to dispute the issue in court.
Alleged Violations against Atlantic Recovery Solutions, LLC
According to PACER, on or around July 14, 2014, Atlantic Recovery Solutions, LLC allegedly called the 83-year-old mother of a Florida consumer it was trying to locate and told her the following:
- That she was obligated to give the company her son’s contact information
- That information about his debt was going to be published in a Tampa newspaper
- That she could be held accountable for his debts
- That her son was going to be sued, arrested, and sent to jail
Frightened, the mother gave Atlantic Recovery Solutions, LLC access to her bank account to pay the debt on her son’s behalf. When she called him and told him what happened, he came over immediately and helped her change her banking details.
However, it was later discovered that in her confusion, she had given the company her Sears card instead: it was charged $5,005.
Feeling harassed by Atlantic Recovery Solutions, LLC, the consumer obtained legal counsel and sued the company for allegedly:
- Discussing his debt with an unauthorized third party
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using false and deceptive means to collect a debt
- Threatening actions it could not legally take
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for Atlantic Recovery Solutions, LLC are:
If you see them on your caller ID, it means that Atlantic Recovery Solutions, LLC is calling. If they abuse and deceive elderly members of your family to get the money for your debt, call a consumer lawyer immediately so you can file a claim against Atlantic Recovery Solutions, LLC.
When a collection agency is guilty of such outrageous conduct, it can be ordered to pay you $1,000 per violation of the FDCPA. When debt collectors take advantage of someone you love, an FDCPA lawsuit can send a strong message that such misconduct is not to be tolerated.
Case taken from PACER (pacer.gov). File number is Case 8:15-cv-01626-VMC-TBM from the United States District Court for the Middle District of Florida, Tampa Division.
*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 Atlantic Recovery Solutions, LLC or any other third-party collection agency, you may not be entitled to any compensation.