Activate Financial LLC (AFL) is a third-party debt collection agency based in California. AFL has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as attempting to collect debts not owed and threatening to take actions that cannot legally be taken. If AFL has contacted you about delinquent collection items, make sure you understand your rights before responding.
The harassing company pays our fees.
They’re legit. According to the Better Business Bureau (BBB), Activate Financial, LLC was founded in 2011. The BBB established a profile page for AFL in 2019. The BBB lists Activate Financial as a collection agency.
According to its website, AFL “is a fully licensed national third-party collections agency focused on bad debt recovery and skip tracing services.” AFL “understands their role as an extension of client operations and are glad to represent them every step of the way.”
Activate Financial collects delinquent debts for many types of businesses and industries, including auto loans and leases, credit card lenders, installment and personal consumer loans, education lenders, and healthcare and medical service providers.
AFL’s auto loan and lease recovery division employs “specialized automotive agents and implements best practices to ensure success for…debt collections operations.” AFL’s credit card division staff has “deep experience with credit card collections… that has led to the perfect mix of talent and technology to increase accounts receivable, improve servicing, and strengthen… customer service efforts.” Their installment and personal loan division utilizes “professional standards, data science insights, and highly-skilled and trained agents…to effectively manage loan… portfolios and… secure repayments in an effective and efficient manner.” AFL’s student loan division uses “proprietary skip tracing ‘waterfall-designed’ to find previously ‘unreachable’ customers; and specialized, compassionate, and highly-trained agents.” Finally, AFL’s healthcare division employs “HIPAA-compliant practices, proven collections processes developed from years of success, and digital omnichannel communication to boost collection efforts.”
According to its Compliance page, AFL “works with …clients to effectively manage risk and put compliance at the top of their priority list.” AFL uses “safeguards… to ensure that all staff, processes, and documentation meet the highest standards and audit requirements.” Some of these safeguards include comprehensive oversight, in-depth training, a tight focus on due diligence, continual monitoring and auditing of program effectiveness, and the highest data privacy and data security standards. AFL cites affiliation with the International Association of Credit and Collection Professionals. However, their client-facing website does not provide any links or references to consumer protection resources, laws, or enforcement agencies.
As of February 2020, the BBB has closed 3 complaints against Activate Financial in the preceding 3 years, all of them closed in the previous 12 months. All 3 complaints cited problems with billing and collections. As of June 2019, the Consumer Financial Protection Bureau (CFPB) closed 5 complaints involving AFL, all of them attributed to First Associates Loan Servicing, LLC. Justia lists at least 1 case of civil litigation involving AFL.
Activate Financial, LLC
PO Box 509015
San Diego, CA 92150-9015
Telephone: (855) 755-5372
Website: https://activatefinancial.com/
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely AFL would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
Absolutely. You can sue a debt collector. Here is a Sample Complaint:
Complaints against Activate Financial cite problems resulting from disputes about the validity of debts and allegations of abuse and harassment. In August 2019, a complainant stated that he had received two collection letters from AFL. According to the complainant, AFL was “trying to collect a debt from 2009, …which is over ten years old.” He said he had “called and spoken with two different individuals at AFL and told them not to contact” him anymore. He said he had also “sent a cease and desist letter,” but because AFL “would not provide him with a physical address,” he was unable to have sent it via certified mail. The AFL website provides two web-based contact forms, an email address, and a telephone number, but no mailing address. The complainant said that he would not pay a debt that has exceeded the statute of limitations and that what AFL was doing is illegal. Not only was the alleged debt currently inactive, it had also been inactive for over ten years. Furthermore, he claimed that AFL’s failure to obey his cease and desist letter was illegal.
In response, Activate Financial stated that they had received the “recent complaint from the Better Business Bureau (BBB) regarding the account listed above” and that after reviewing the complaint, they “understand that the complainant has… requested that AFL cease all communication with” the complainant. However, AFL also stated that they had “conducted research into the complaint,” and that according to their investigation, they had “found that the complainant called their office… and stated that he had mailed a cease and desist letter. But unfortunately,” AFL stated that they “did not receive that letter.” In their response to the complaint, AFL stated their agreement to cease all further communication with the complainant moving forward “with the exception of this final letter.” AFL did not address any of the complainant’s concerns about their efforts to collect a debt that had exceeded the statute of limitations, nor did they address his concern that they had refused to provide him with their mailing address. Instead, they advised the complainant that if he has any questions, ha can contact them by phone during their regular business hours.
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
Yes. If you want to enforce your rights, or recover money for violations — you need to sue. Federal laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
You may have a case, if…
“With your help the nagging collection calls have finally ceased! I was thrilled I was also able to get damages from the collection agency. I am unable to adequately express my joy. I am so thankful I made the call.”
“When I first emailed the office, I was not exactly sure what they could do for me. I had an idea, but they responded back with everything I could expect to take place. I never believed I would be receiving a check, it was definitely a silver lining. I highly recommend them to anyone seeking customer legal services.”
“I just wanted to let you know we received the check from your office on now and I wanted to take some time to inform you that we really appreciate all of your efforts in this matter.”
We ought to be able to assist. Give us a call and tell us what is happening.
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Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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