Action Financial Services or AFS debt collection agency is bound by the Fair Debt Collection Practices Act. Learn more about the company and how you can stop harassing debt collection calls.
Action Financial Services, LLC or AFS is a legitimate third-party debt collection agency founded in 2010 and based in Oregon. Action Financial Services, LLC has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including threatening to take actions that cannot legally be taken and attempting to collect debts not owed. If Action Financial Services, LLC has contacted you about past due financial obligations, make sure you understand your rights before you take action.
According to its website, Action Financial Services, LLC is “dedicated to recouping money for the US Department of Education.” Action Financial Services, LLC’s website does not provide detailed information about its collection practices or client lenders. Instead, Action Financial Services, LLC posted a general description stating that it “makes every effort to help borrowers transfer into an affordable repayment plan where they can rehabilitate their student loan(s) through the Federal Student Loan Rehabilitation Program or consolidate their student loan(s) through the Federal Direct Consolidation Program.” In addition, Action Financial Services, LLC employs “passionate personnel who are thoughtful listeners,… artful negotiators, and… patiently communicate the importance of resolving debt and offer clear viable options.”
Action Financial Services, LLC is a contractor to the U.S. Department of Education and is “dedicated to recouping money” lost from non-payment of student loans.
As a third-party debt collection agency, Action Financial Services, LLC is required to adhere to the Fair Debt Collection Practices Act (FDCPA), a federal law that protects consumers from abusive debt collection tactics. Nevertheless, consumers have filed complaints accusing Action Financial Services, LLC of violating the FDCPA. Those accusations have included claims that the debt collection agency has threatened to sue consumers without actually intending to do so and talking to third parties about consumers’ debts. It’s imperative that you know your rights under the law before speaking with Action Financial Services, LLC debt collectors.
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Action Financial Services, LLC has been accredited by the Better Business Bureau (BBB) since 2014, and the BBB issued Action Financial Services, LLC an “A+” rating, though the BBB website currently lists 31 complaints against Action Financial Services, LLC in the past three years, 19 of which have been resolved. 24 of these complaints alleged problems with billing and collections practices, while seven complaints alleged problems with services provided by Action Financial Services, LLC. Since May 2014, the Consumer Financial Protection Bureau (CFPB) has received 62 complaints against Action Financial Services, LLC. 38 complaints were directed against Action Financial Services, LLC’s debt collection practices, and 23 complaints contained general allegations related to student loans. In addition, Justia, one of the largest online legal databases in the United States, lists at least one federal case of civil litigation involving Action Financial Services, LLC pending since 2010.
Are you asking yourself…
Action Financial Services could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by AFS it’s important to know your rights under the Fair Debt Collection Practices Act. If they’ve violated your rights, you can take the agency to court and sue for statutory damages of up to $1,000 – along with court costs and attorney fees.
First you can write a cease and desist letter. Explain to Action Financial Services that they have the wrong person and insist that they stop calling you. Make sure to send your letter via certified mail with a return receipt requested. If debt collectors from AFS persist in calling you, make sure to keep a log. Note the date and time of each call, the name of the debt collector, and what was said. Under the Fair Debt Collection Practices Act, debt collectors, who violate the law, must pay consumers up to one thousand, dollars plus attorney’s fees. A fair debt attorney can represent you at no charge, and can readily evaluate your case. It’s also important to file complaints with the Better Business Bureau and with the Federal Trade Commission.
No. If you’ve been contacted by AFS, you have the right to sue them in federal court if the debt collection agency has violated the Fair Debt Collection Practices Act. Signs that you may be on solid legal footing are:
The Fair Debt Collection Practices Act was put into law in order to protect consumers like you, but there’s a catch. While the government sues debt collection agencies that egregiously violate the law, it doesn’t sue agencies on behalf of individual consumers. Instead, the FDCPA has what’s called a fee-shifting provision. This means that, if you sue and win, then the debt collection agency has to pay your court costs and attorney fees. Fee-shifting levels the playing field so that you can assert your rights.
Yes. Action Financial Services can sue you if you owe the debt, however, threatening to sue or serve you with papers if they don’t intend to do so is a violation of the Fair Debt Collection Practices Act. Additionally, after receiving the first collection notice, you have 30 days to dispute the debt. If you dispute the debt, then AFS is required by the FDCPA to prove that you do, in fact, owe the money. A debt collection agency isn’t allowed to sue you if, for example, the debt is past the statute of limitations or if you do not legally owe the debt. It’s a good idea to speak with a fair debt attorney if you’ve been served with a summons or legal complaint.
Yes. However, Action Financial Services cannot threaten you to garnish your wages and garnishment can only only occur if AFS files a lawsuit and obtains a judgment against you. It’s common for consumers to ignore notice of a lawsuit; if you don’t appear in court, the judge may automatically rule against you. Debt collection agencies have been known to avoid serving consumers with notice to increase the odds of obtaining a judgment. This is called “sewer service” or “gutter service.” The bottom line? If wage garnishment takes you by surprise, talk to a consumer attorney who can fight for your rights.
Yes. Action Financial Services can report debts in collection to the three major credit reporting agencies – Experian, TransUnion, and Equifax. Once a debt is reported to the credit bureaus, it will appear on your credit report and will impact your credit score.
Yes. However, as with wage garnishment, a property lien can only arise out of a court judgment against you. If AFS files a lawsuit against you and the judge rules in their favor, then the debt collection agency has a right to collect that money. One way of doing that is by putting a lien on your house or property. That’s why it’s imperative to respond to legal papers and to have an attorney by your side who will fight on your behalf.
Yes, Action Financial Services can call you at work however there are strict limits about what AFS can say or ask about you if they are calling your at your place of employment. If you want them to stop calling your job, you should tell them not to and you say that your employer either doesn’t allow those types of calls or it’s inconvenient for you. If they keep calling after you have made this request, it’s actually a violation of the Fair Debt Collection Practices Act for them to continue to call you. These laws prevent calls to work when you’ve told them not to, so it’s important to make that clear to the debt collector calling you. Take the date, and time, and the name of the person that you spoke with when you asked them not to call at work and then consult with an attorney about your rights
Yes. Again however, there would be strict limits to what they can say. It would be illegal, for example, if AFS called your family and discussed your debt with them. It might be easier to say that the ONLY reason a debt collector can contact your family is to obtain or confirm your location information so that they may contact you. That is the only exception to the law regarding third party contact. Collection calls are annoying enough, but when a collector is calling your friends, family, co-workers or place of employment and discloses information about your finances, the annoyance can quickly turn into harassment. Under federal law, debt collectors cannot discuss your debts with your children, roommates, and in many states, even your spouse.
No. Action Financial Services – or any other debt collection agency like AFS for that matter – has no authority whatsoever to arrest you. In fact, threatening you with arrest or jail is a violation of the Fair Debt Collection Practices Act. While so-called “debtors prisons” are illegal, only non-payment of things like traffic tickets can lead a judge to issue a bench warrant, which in turn can lead to arrest.
Yes. You can sue Action Financial Services if you believe AFS violated the Fair Debt Collection Practices Act. The FDCPA says that debt collection agencies that violate the law must pay consumers up to $1,000 in statutory damages, as well as court costs and attorney fees. That’s why engaging a fair debt attorney to represent you in an FDCPA lawsuit typically doesn’t cost you anything out of pocket. The attorney that agrees to take on your case knows that the debt collection agency will be forced to pay their fees.
If Action Financial Services – or any other debt collection agency – is calling you to the point of harassment, using abusive or profane language, or violating the FDCPA in some other way, it’s time to fight back. Under the law, you may be entitled to up to $1,000. At Lemberg Law, we won’t charge you a dime out of pocket, and we only get paid when you win. Call us today for a free, no-obligation, case evaluation. We’ll get the justice that you deserve.
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