Optio Solutions , LLC is a third-party collection agency based in Northern California. Optio has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA) such as illegal communication tactics and misrepresentation. If you have been contacted by Optio,understand your rights before taking action.
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They’re legit. According to the Better Business Bureau (BBB), Optio Solutions, LLC is a legitimate collection agency founded and incorporated in 2007. The BBB established its profile page in 2008. Optio is listed as a collection agency that uses the alternate business name, Qualia Collection Services. Buzzfile estimates Optio’s annual revenue at $4.5 million and the size of its staff at 30 people.
According to its website, Optio“was founded on the belief that demand existed for the services of a US debt collection agency willing to take industry standards to a new level of achievement.” Optio considers the most critical factors for success in collections are “compliance and certification, security and technology, brand protection[,] and delivering consistent results.”Optio’s client base consists of financial services, education loan, healthcare, retail, energy and utility, telecommunications, automotive, and insurance companies, as well as commercial collections.
Optio offers first-party collections, third-party collections, brand protection, and consumer surveys. Their first-party collections “are managed with two effective strategies: letter writing and phone calling services.” Optio’s third-party collections also employ letter writing and phone calls. “Third-party collection letters…[and]…third-party collection calls…are subject to controls to ensure that all state and federal regulatory requirements are met.”In conjunction with customer surveys, Optio’s multi-level approach to brand protection stresses compliance with regulatory laws and security and technology services.
Optio cites compliance with the Gramm Leach Bliley Act (GLBA); the Health Insurance Portability and Accountability Act (HIPAA); the Fair Debt Collection Practices Act (FDCPA); the Fair Credit Reporting Act (FCRA); the Telephone Consumer Protection Act (TCPA); the Servicemembers Civil Relief Act (SCRA); and the Red Flags Rule (identity theft protection). However, their interest is not so much in protecting consumers as in ensuring that “[e]ach and every client is protected from the risk of government reprisal or other negative consequences—from debtors delaying payments and filing lawsuits, to other legal action or debilitating damage to the brand.”
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.
The BBB has closed 15 complaints against Optio Solutions in the past three years, with 4 closed in the past twelve months. Complaints are fairly evenly split between problems with billing and collections and problems with advertising and sales. Since May 2015, the Consumer Financial Protection Bureau (CFPB) has received 21 complaints about Optio. Justia lists at least 5 cases of civil litigation naming Optio as a defendant.
Optio Solutions, LLC
1444 North McDowell Blvd.
Petaluma, CA 94954
Telephone:(800) 360-2827
Website: http://www.optiosolutions.com/
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely Optio 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!
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In March 2017, in United States District Court, Southern District of California, a judge issued an Order regarding an allegation that Optio’s collection practices had violated the TCPA. In this case, the plaintiff had filed a class action complaint alleging negligent and willful violations of the TCPA. According to the plaintiff, Optio representatives had called her mobile phone approximately 120 times in an effort to collect a debt. Furthermore, the plaintiff alleged that Optio had “placed the unsolicited phone calls with the use of an automated telephone dialing system (ATDS) and an artificial or prerecorded voice system, which had the capacity to produce or store numbers randomly or sequentially, and to dial such numbers,” and that they had “left generic, pre-recorded voice messages on Plaintiff’s voicemail, which began mid message.” The plaintiff also indicated that she had never consented to receiving unsolicited calls in the manner described, all of which constituted a violation of the TCPA.
Optio filed for a motion to dismiss the charges for an alleged failure to state a claim on the basis that the plaintiff’s complaint contained a redacted version of her phone number. The plaintiff amended her complaint, and in the March 2017 hearing, Optio attempted to stay the matter by citing a pending decision in federal court that would potentially affect the established legal definition of “ATDS.” Essentially, Optio was attempting to argue that when the decision currently under consideration in federal court was issued, the new definition of ATDS would allow the court to find them not guilty of violations of the TCPA. The court disagreed on several counts, including the fact that the plaintiff’s complaint included not only the nature of the ATDS, but also the fact it used pre-recorded messages. In addition, the lack of certainty with regard to the outcome of the decision, the length of time for the decision to be issued, and the accuracy of Optio’s assessment of the pending decision resulted in a finding denying Optio’s motion to stay.
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).
But here’s the rub: If you want to enforce your rights, or recover money for violations — you need to sue. These 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.
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“I would recommend your company to anyone. You have the debt collectors off my back, and I will finally see the light at the end of the tunnel. Throughout the entire procedure your employees were courteous and professional. I was blown away by their efficacy also.
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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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