Atlantic Credit & Finance, also called ACF is a debt collection agency, which receives a lot of consumer complaints to our law firm for debt harassment. Find out who they are, why they might be calling, and how you can stop them.
What is Atlantic Credit and Finance?
Atlantic Credit & Finance , Inc. or ACF is a third-party collection agency based in Virginia. ACF has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as communicating information about delinquent debts to unauthorized third parties and failing to provide written verification of debts. If Atlantic Credit & Finance has contacted you about delinquent financial obligations, make sure you understand your rights before you take action.
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Is Atlantic Credit and Finance a scam?
They’re legit. According to the BBB, Atlantic Credit and Finance is a legitimate debt collection agency founded in 1996 with headquarters in Roanoke, VA. On their website, ACF purports helping customers to handle their debt, and goes by the motto, “Committed to treating every individual with integrity and honesty.” Their debt collection tactics include, but aren’t limited to, robocalls, letters, and suits.
Who does Atlantic Credit and Finance collect for?
Atlantic Credit & Finance is a subsidiary of Encore Capital, which buys debt and then hands it off to Atlantic Credit & Finance and other subsidiaries to accumulate. Encore purchases unsecured consumer debt of any and every sort, such as credit card, automotive, mobile phone, health care, and utilities.
Encore is one of the largest collectors and buyers of debt from the U.S., and has settled complaints and lawsuits for unfair or unlawful debt collection practices brought from the national Consumer Financial Protection Bureau, as well as by government agencies in New York and Colorado.
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.
How many complaints are there against Atlantic Credit and Finance?
As of February 2020, the Better Business Bureau reported 136 closed Atlantic Credit & Finance complaints over the previous few decades, such as 65 closed Atlantic Credit & Finance complaints over the past 12 months. Additionally, Justia lists 25 Atlantic Credit & Finance complaints filed in federal court in 2016 alleging violations of the Fair Debt Collection Practices Act, one alleging violations of the Fair Credit Reporting Act, and one alleging violations of the Telephone Consumer Protection Act. Moreover, the Consumer Financial Protection Bureau (CFPB) lists 45 closed ACF complaints for 2016.
Sample Case Filed in Federal Court against Atlantic Credit & Finance
In 2011, a judge in U.S. District Court, District of Minnesota, denied in part and granted in part Atlantic Credit & Finance’s motion to dismiss Billar vs. Atlantic Credit & Finance for alleged violations of the Fair Debt Collection Practices Act, the Due Process Clause of the Fourteenth Amendment, and assorted Minnesota legislation. According to the judge’s conclusion, Atlantic Credit & Finance hired Gurstel, Staloch & Chargo to accumulate a guy’s debt. Gurstel attempted to garnish funds in five different bank accounts, four of which were collectively owned by his girlfriend or one of his small children. The judge’s ruling dismissed a number of the plaintiffs’ claims, but denied the defendants’ motion to dismiss the FDCPA claim that the debt collection agency had made a false or misleading statement by telling him that they might garnish any funds in any account where he had been a signatory and that the did not have to release the money taken out of his girlfriend and children’s accounts.
Can Atlantic Credit and Finance Sue Me or Garnish My Wages?
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely ACF 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!
Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Can you help me file a No Fee Lawsuit against Atlantic Credit and Finance?
Absolutely. You can sue a debt collector. Here are some Press Releases of Lawsuits Brought On By Lemberg Law Against Atlantic Credit & Finance
October 29, 2015. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Massachusetts. The case, against Atlantic Credit and Finance, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages, plus other relief.
Summertime is a time to kick back, relax, and enjoy the sunshine. It’s not a time to put your life in danger. Yet our client says that’s what happened when she received a cell phone call from Atlantic Credit and Finance while she was driving. When Atlantic Credit and Finance called in July, our client told the debt collector that she was driving, and asked that they call her back when she could safely talk on the phone. Our client tells us that, in response, the debt collector said that she had to make an immediate payment in order to avoid having her account sent to an attorney. She told the debt collector that she couldn’t make a payment.
Later that same day, Atlantic Credit and Finance called our client again. She again told them that she wasn’t able to make a payment. Still, Atlantic Credit and Finance continued to call her. And even though Atlantic Credit and Finance said that they’d send her account to an attorney, she’s never been served with a lawsuit.
This lawsuit charges that Atlantic Credit and Finance violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by misrepresenting the character, amount, and legal status of a debt; by threatening to take legal action without actually intending to do so; by using unfair and unconscionable means to collect a debt; by employing false and deceptive means to collect a debt; and by overshadowing our client’s right to dispute a debt.
October 13 2015.On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Massachusetts. The case, against Atlantic Credit and Finance and Office of John P. Frye, charges the debt collection agencies with violating federal law and asks for $1,000 in statutory damages, plus other relief.
When you own a business, your phone lines can be your lifelines. When a debt collector is tying up your phone lines, you simply can’t conduct business. Yet that’s what our client says happened to him. Our client says that Atlantic Credit and Finance and Office of John P. Frye called his work and cell phone numbers in an attempt to collect a personal debt. He says that, several times, Atlantic Credit and Finance and Office of John P. Frye called back-to-back to all nine of his work lines, interacting with is employees, and disclosing information regarding the debt. Atlantic Credit and Finance and Office of John P. Frye kept calling, even though our client’s employees told them that they were calling a business, that our client couldn’t be reached, and to stop calling.
As if that weren’t enough, our client tells us that Atlantic Credit and Finance and Office of John P. Frye called his cell phone three to five times per day. Sometimes, the caller identified itself as Atlantic Credit; at other times, Finance and Office of John P. Frye
The lawsuit charges that Atlantic Credit and Finance and Office of John P. Frye violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by disclosing a debt to third parties; by contacting third parties multiple times; by communicating with people other than our client, ourselves, or a credit bureau; and by using unfair and unconscionable means to collect a debt.
September 20, 2015.On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, District of Arizona, against Atlantic Credit and Finance. Our client alleges that Atlantic Credit and Finance called her about a debt, and that she told them that she was on a fixed income and couldn’t repay the debt. The debt collector from Atlantic Credit and Finance then started listing off bills that our client makes payments towards, and specifically mentioned Bank of America. Atlantic Credit and Finance told our client that she should be paying them instead of Bank of America. Then, the representative of Atlantic Credit and Finance told our client that they were going to take her to court because they believed that she could afford to repay the debt. Our client told the debt collector that she was having such a hard time that she was considering bankruptcy. They told our client that she wouldn’t qualify for bankruptcy, and that she “shouldn’t bother.” Even though our client told Atlantic Credit and Finance that should wouldn’t be repaying the debt, the debt collection agency kept calling her.
The lawsuit charges that Atlantic Credit and Finance violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by employing false and deceptive means to collect a debt; and by using unfair and unconscionable means to collect a debt. The suit seeks statutory damages of $1,000, punitive damages, and other relief.
Atlantic Credit and Finance Calling You?
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).
Consumers have reported this agency harassing them from the following numbers:
Can I sue ACF for harassment?
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.
Consumers have reported this agency harassing them from the following numbers:
Want to Stop Atlantic Credit and Finance Debt Collection Harassment Now?
“I used to get up to 15 calls a week from several collection agencies. It got so bad I felt like I should just get a new phone number to make it quit. Happily, I discovered Lemberg Law. They immediately put an end to the calls.
“As we discussed on the phone earlier today, this settlement is perfectly okay to me. I need to thank you and all of your cohorts at Lemberg Law to get a project handled so professionally. Please allow Amy, the first person who contacted me from Lemberg, know how much I appreciate her efforts, kindness, and professionalism.”
I felt like I was sinking. After sending in my case evaluation, Lemberg Law quickly threw me a lifeline and turned the tide.”
Can You Help Me Delete Atlantic Credit and Finance from My Credit Report?
We can help. Call us today to find out more.
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About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.