Allied Interstate 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.
Allied Interstate is a legitimate debt collection agency that is headquartered in New Albany, Ohio. Dig a little deeper, though, and it becomes obvious that the company is also a debt buyer. This means that it purchases debt bundles for pennies on the dollar from retailers, financing companies, credit card companies, and others who own consumer debt. Then, they turn around and try to collect as much as they can from consumers.
Allied Interstate’s status as a debt buyer in some ways contradicts the company’s website, which claims to specialize in conducting debt collection on behalf of name-brand companies. And while their home office is in Ohio, the Better Business Bureau notes that Allied Interstate also has offices in many other states, such as:
As a third-party debt collection agency, Allied Interstate 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 Allied Interstate 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 Allied Interstate debt collectors.
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Allied Interstate has been around for 65 years. According to the Better Business Bureau, as of August 2019 there were 92 closed Allied Interstate complaints filed in the previous three years, including 20 closed Allied Interstate complaints in the previous 12 months. Nevertheless, the BBB gives Allied Interstate an A+ rating.
In October 2018, the Santa Clara County district attorney in California announced that Allied Interstate agreed to a $9 million settlement in a government lawsuit that alleged that the debt collection agency violated the state’s Rosenthal Fair Debt Collection Practices Act, the federal FDCPA, and the federal Telephone Consumer Protection Act. But state governments aren’t the only ones suing Allied Interstate. Justia has recorded more than 20 consumer lawsuits filed against the company.
Are you asking yourself…
Allied Interstate could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by Allied Interstate 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 Allied Interstate 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 Allied Interstate 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 Allied Interstate, 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. Allied Interstate 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 AAA 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, Allied Interstate cannot threaten you to garnish your wages and garnishment can only only occur if Allied Interstate 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. Allied Interstate 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 Allied Interstate 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, Allied Interstate can call you at work however there are strict limits about what Allied Interstate 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 Allied Interstate 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. Allied Interstate – or any other debt collection agency like Allied Interstate 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 Allied Interstate if you believe Allied Interstate 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 Allied Interstate – 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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