Afni 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.
Afni, Inc. is a legitimate third-party debt collection agency founded in 1936 and headquartered in Bloomington, Illinois. Afni, Inc. has satellite offices in Alabama, Arizona, Kentucky, and the Philippines. Afni, Inc. has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as using false or misleading information in an effort to collect a debt and threatening to take actions that cannot legally be taken. If Afni, Inc. has contacted you about past due collection items,make sure you know your rights before responding.
Afni, Inc. states that it is always “thinking up new ways” to develop solutions and strategies to maximize its collection efforts on behalf of its clients. Afni, Inc.’s call center collections staff utilizes technology and “award-winning training” to connect with individual debtors to facilitate its debt collection practices. Afni, Inc. boasts that it outperforms its competitors, noting that it fights to outperform other collection agencies. Afni, Inc. promises to collect faster, lower the cost per account to the client, improve cash flow, and protect the client’s brand from harmful publicity.
Afni, Inc. achieves these goals by utilizing data compiled from experts to create industry-leading models to learn how consumers behave. Afni, Inc. also offers varied methods of contact, including phone conversations, web chat, and text messages in order to reach the maximum amount of people to collect from.
Afni, Inc. is affiliated with numerous professional collection associations, including the Telecommunications Risk Management Association, Inc. (TRMA); the National Association of Subrogation Professionals(NASP); and the International Association of Credit and Collection Professionals (ACA International). However, their website does not provide any information about their regulatory compliance polices, and there are no links or references to consumer protection resources, laws, or enforcement agencies.
Afni, Inc. specializes in a diverse range of industries, including communications, insurance, and healthcare. Afni, Inc.’s focus is on collecting debt for three main industries. First, Afni, Inc. specializes in collecting delinquent debts for “telecommunications, wireless, internet, and cable/satellite companies.” Second, Afni, Inc.’s insurance division focuses on services ranging from “care and billing support to full subrogation management and premium collections …to help insurance companies get more from policyholder relationships and their own operational processes.” Finally, Afni, Inc.’s clinical healthcare and insurance division utilizes a “contact center and back office operation…to help healthcare companies manage patient relationships from start to finish.”
As a third-party debt collection agency, Afni, 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 Afni, 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 Afni, Inc. debt collectors.
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Afni, Inc. is accredited by the Better Business Bureau (BBB), which issued Afni, Inc. an “A+” rating, despite an astounding 462 complaints against Afni, Inc. in the past three years, only 78 of which have been resolved in the past 12 months. 415 of these complaints alleged problems with billing and collections, while 40 alleged problems with services provided by Afni, Inc. Since April 2013, the Consumer Financial Protection Bureau (CFPB) has received 2,772 complaints against Afni, Inc. 2,600 of these complaints contained allegations involving Afni, Inc.’s debt collection practices, while a further 160 complaints contained allegations related to credit reporting. In addition, Justia, one of the largest online legal databases in the United States, lists at least 25 federal cases of civil litigation involving Afni, Inc. since 2013.
If you’ve been contacted by Afni, 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…
Afni could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by Afni 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. Afni 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 Afni 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, Afni cannot threaten you to garnish your wages and garnishment can only only occur if Afni 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. Afni 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 Afni 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. Afni – or any other debt collection agency like Afni 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 Afni if you believe they 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 Afni – 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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