Advanced Capital Solutions or ACS 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.
Advanced Capital Solutions, Inc. or ACS is a legitimate third-party debt collection agency based in North Canton Ohio. Advanced Capital Solutions, Inc. 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 harassment. If ACS has contacted you about past due financial obligations,make sure you understand your rights before you respond.
According to its website, Advanced Capital Solutions, Inc. is a full-service collection agency, providing a range of services, including trained professional account specialists, comprehensive skip tracing technology, letter campaigns, phone contact campaigns, debt portfolio management, litigation services, state-of-the art software, long-term client relationships, and competitive rates. Advanced Capital Solutions, Inc. “services the nation’s leading debt lenders and purchasers” and offers both first- and third-party “collection services on primary and secondary accounts.”
Advanced Capital Solutions, Inc.’s website provides extensive information about its compliance policies. ACS states that it “complies with all applicable federal and state regulations,” including The Fair Debt Collection Practices Act (FDCPA); the Fair Credit Reporting Act (FCRA); the Rights to Financial Privacy Act; the Financial Services Modernization Act, also called the Gramm-Leach-Bliley Act (GLB Act); the Electronic Signature in Global and National Commerce Act (ESIGN); the Electronic Communications Privacy Act; the Privacy Act of 1974; and the Federal Trade Commission’s Red Flags Rule.
Advanced Capital Solutions, Inc.’s complaints page indicates that its Compliance Specialists and Consumer Advocates are available “to mediate debt-related questions,…to discuss…rights and responsibilities, and to help…navigate the intricacies of the collections process” by “working with debtors and/or their attorneys to resolve disputes; contacting regulatory agencies…regarding borrowers with disputes; or contacting clients directly for information on a debt to resolve any questions or disputes.” However, there are no direct links to consumer protection resources, laws, or enforcement agencies.
Advanced Capital Solutions, Inc.’s website does not specify which industries it focuses its debt collection practices in, but it appears to collect debt in a wide range of “primary and secondary accounts.”
As a third-party debt collection agency, Advanced Capital Solutions, Inc. 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 Advanced Capital Solutions, Inc. 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 Advanced Capital Solutions, Inc. debt collectors.
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Advanced Capital Solutions, Inc. is not accredited by the Better Business Bureau (BBB). The BBB issued Advanced Capital Solutions, Inc. a “B” rating, despite 65 recorded complaints against Advanced Capital Solutions, Inc. in the past three years, only 29 of which have been resolved. 60 of these complaints alleged problems with billing and collections, while the remaining five complaints alleged problems with services provided by Advanced Capital Solutions, Inc. In addition, Justia, one of the largest online legal databases in the United States, lists at least six federal cases of civil litigation involving ACS since 2013.
If you’ve been contacted by ACS, 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…
Advanced Capital Solutions could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by ACS 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. Advanced Capital Solutions 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 ACS 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, Advanced Capital Solutions cannot threaten you to garnish your wages and garnishment can only only occur if ACS 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. Advanced Capital Solutions 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 ACS 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. Advanced Capital Solutions – or any other debt collection agency like ACS 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 Advanced Capital Solutions if you believe ACS 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 Advanced Capital Solutions – 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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