Express Recovery Services Inc or ERS 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 Express Recovery Services?
Express Recovery Services or ERS is a third-party collection agency based in Salt Lake City, UT. ERS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including illegal communication tactics and attempting to collect debts not owed. If you have been contacted by Express Recovery Services, understand your rights before responding.
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Is Express Recovery Services a scam?
They’re legit. According to the Better Business Bureau (BBB), Express Recovery Services, Inc. is a legitimate collection agency, founded and incorporated in January 1996. The BBB established its profile page in March 1996. The BBB lists ERS as a collection agency that uses the alternate business name, Clear Management Solutions. Buzzfile estimates ERS’ annual revenue at $1.7 million.
According to its website, ERS “is a leading provider of receivables management services throughout the United States.” ERS cites as its strengths its “superior, pro-active service designed to reduce…administrative burden and create a user-friendly relationship for…management…and staff”; its positive advocacy-oriented customer service approach; its staff of “happy, well-trained employees”; and its “wide array of customized services.”
Who does Express Recovery Services collect for?
As a full-service third-party collection agency, Express Recovery Services offers delinquent account collections; extended business office services; account backlog clean-up programs; receivables management consulting; customized recovery campaigns; and litigation services. ERS’ website does not provide industry-specific information about its collection practices.
As for compliance, Express Recovery Services claims to offer “the most extensive training program in the industry…with new hire training that consists of four weeks of classroom instruction where employees are educated about the FDCPA, HIPAA, Consumer Financial Protection Bureau regulations, FCRA and other state and federal laws.” Furthermore, “ERS employs one of only two ACA Certified Training Specialists in the State of Utah… enabling them to provide in-house certification for their employees.” However, ERS’ website is client-facing and does not provide links or references to consumer protection resources, laws, or enforcement agencies.
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 Express Recovery Services – ERS?
The BBB has closed 17 complaints against Express Recovery Services in the past three years, with 10 closed in the past 12 months. Almost all of those complaints allege problems with billing and collections. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has received 26 complaints about ERS. Justia lists at least 15 cases of civil litigation involving ERS.
Can Express Recovery Services 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 ERS 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!
In April 2017, in the Utah Court of Appeals, a judge issued an Opinion regarding a case challenging ERS’ right to collect a debt. In this case, the plaintiff had been hired by an appliance servicing company. As part of the hiring agreement, the appliance servicing company agreed to pay for training for the plaintiff. The employment contract contained “a liquidated damages provision requiring the plaintiff to reimburse the company for training costs if he was terminated within two years after he completed his training.” The plaintiff left his employer during that two-year period, which resulted in the collection effort discussed at the April 2017 hearing.
The appliance company attempted to recover the costs of the training by hiring ERS to collect an amount of $10,348.25 as a result of breach of contract on the part of the plaintiff. The plaintiff objected to the breach of contract finding, and filed a countersuit for unjust enrichment, seeking a set off of $1,600. During the trial, Express Recovery Services was unable to prove its breach of contract claim, relieving the plaintiff from any financial obligation regarding the training course. At the same time, the plaintiff was not successful in proving his counterclaim. As a result, because neither party was able to prove its claim, the trial court denied court costs and attorney fees to both parties.
The April 2017 hearing was held to determine the plaintiff’s appeal of the trial court’s decision to deny him attorney fees and court costs. He argued that although he had not proven his counterclaim, he had prevailed in his primary objective of defeating ERS’ breach of contract claim. Because he was successful in that regard, he should have been awarded court costs and attorney fees as the prevailing party. Express Recovery Services argued that he would have received the award if he had prevailed in his counterclaim. The plaintiff countered that an award of court costs and attorney fees has never been predicated on the success of any counterclaims, and that in fact he was not even required to file a counterclaim. The awarding of court costs and attorney fees follows exclusively from prevailing against the opposing party in the motivating issue at trial. The court agreed and remanded the case back to trial to determine the amount of the award for the plaintiff.
Express Recovery Services ERS 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).
Can I sue ERS 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.
“When I first contacted Lemberg Law, I was at my wit’s end, not knowing what to do or how to protect myself against the collection agencies. I felt like I was sinking. After sending in my case evaluation, Lemberg Law quickly threw me a lifeline and turned the tide.”
“Thanks to the staff at Lemberg Law, I have peace of mind again. They worked quickly to find the harassing calls ended and were super considerate when I spoke together. I love the hard work!”
“I am so blessed that during this dreadful, frightening encounter, your company was there to help me. I can not thank you enough.”
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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.