Action Collection Agency of Boston or ACA 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 Collection Agency of Boston (a/k/a Action Collection Agencies, Inc.) or ACA is a legitimate third-party debt collection agency founded in 1967 and based in Middleboro, Massachusetts. Action Collection Agency of Boston has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as misrepresentation and attempting to collect debts not owed. If you have been contacted by ACA, understand your rights before responding.
According to its website, Action Collection Agency of Boston provides an alternative to the offerings of today’s healthcare collection professionals. Action Collection Agency of Boston boasts that it frequently outperforms many of the larger healthcare collection agencies because Action Collection Agency of Boston is “unencumbered by layers of bureaucracy and armed with the latest collection tools.” In order to maximize its debt collections, Action Collection Agency of Boston employs management and staff members who previously worked in the healthcare industry, including its president, Jay Gonsalves, who is a past president of The American Collectors Association (ACA International) as well as having served as the immediate past president of the New England Chapter of ACA International.
Action Collection Agency of Boston “always strives for payment-in-full,” and it utilizes a variety of procedures to enhance its collection abilities, including skiptracing, writing, credit bureau reporting through Experian, and client services. Action Collection Agency of Boston pursues debtors of all sizes, and it does not discriminate based on the amount owed. Whether an individual owes $100 or $1,000, Action Collection Agency of Boston treats them all the same. Action Collection Agency of Boston staff members “are skilled in all areas of third-party billing in order to secure payment from the appropriate payer.” Action Collection Agency of Boston interfaces directly with third-party payers in order to minimize the time and effort needed to collect debt on behalf of its clients.
ACA also employs technology in its collection efforts, including “its own in-house, fully-automated, ‘state-of-the-art’ collection system, which is operated in a virtual server.” Action Collection Agency of Boston employs the use of “highly sophisticated computer telephony, predictive dialing, IVR automated messaging and account scoring technology” in order to constantly contact debtors in an effort to obtain payment. These systems prioritize individuals based upon their “propensity-to-pay” and allows its collectors flexibility to collect debts using multiple strategies.
Action Collection Agency of Boston is motivated to collect the maximum amount on behalf of its clients because its fees are based upon a percentage of the amount collected. If ACA is unable to obtain payment from dealing directly with debtors, it will employ legal means of enforcing the debt in court through judgments and wage garnishments.
Action Collection Agency of Boston’s website does not disclose any information about its regulatory compliance policies. Its payment portal includes a disclosure that it is a collection agency, but there are no links or references to consumer protection resources, laws, or enforcement agencies.
Action Collection Agency of Boston specializes in healthcare collections. ACA represents “many of the larger health systems, medical facilities and physician networks, as well as smaller hospitals, group practices and clinics.”
As a third-party debt collection agency, Action Collection Agency of Boston 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 Collection Agency of Boston 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 Collection Agency of Boston debt collectors.
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Action Collection Agency of Boston is not accredited by the Better Business Bureau (BBB), though it does receive an “A+” rating, despite seven complaints against Action Collection Agency of Boston in the past three years, only two of which have been resolved. Six of these complaints alleged problems with billing and collections practices, while one complaint alleged problems with services provided by Action Collection Agency of Boston. Since September 2013, the Consumer Financial Protection Bureau (CFPB) has received 32 complaints about Action Collection Agency of Boston’s debt collection practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least three federal cases of civil litigation involving ACA pending since 2017.
If you’ve been contacted by ACA, 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.
Are you asking yourself…
Action Collection Agency of Boston could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by ACA 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.
Yes. Action Collection Agency of Boston 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 ACA 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 Collection Agency of Boston cannot threaten you to garnish your wages and garnishment can only only occur if ACA 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 Collection Agency of Boston 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 ACA 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.
No. Action Collection Agency of Boston – or any other debt collection agency like ACA 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 absolutely have the right to sue Action Collection Agency of Boston if you believe ACA 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 Collection Agency of Boston – 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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