Alternative Recovery Management or ARM 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.
Is Alternative Recovery Management legit? Are they a scam?
Alternative Recovery Management, Inc. (a/k/a Kubler Corp.) is a legitimate third-party debt collection agency founded in 1990 and based in San Diego, California.
According to its website, Alternative Recovery Management, Inc.employs a “highly trained dedicated staff” of seasoned collections professionals. Alternative Recovery Management, Inc.’s website states that its “team members are compliant with all state and federal laws;” however, the website does not provide any detailed information about ARM regulatory compliance policies. The home page provides a mailing address, phone number, and a link to an online payment portal for debit and credit card payments. There is also a web-based contact form, but there are no links or references to consumer protection resources, laws, or enforcement agencies.
Who does Alternative Recovery Management collect for?
Alternative Recovery Management, Inc. handles “medical collections, commercial debt collection services, or consumer debt collections.” Alternative Recovery Management, Inc. offers collections services for numerous entities, including camp grounds, timeshare companies, vacation resorts, and cash advance companies who offer consumer loans and commercial loans.
As a third-party debt collection agency, Alternative Recovery Management, 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 Alternative Recovery Management, 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 ARM debt collectors.
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Reviews: How many complaints have been filed against Alternative Recovery Management?
Alternative Recovery Management, Inc. is accredited by the Better Business Bureau (BBB), which issued Alternative Recovery Management, Inc. an “A+” rating, despite the presence of eight complaints against Alternative Recovery Management, Inc. in the past three years, only three of which have been resolved in the past 12 months. Four of these complaints alleged problems with billing and collections practices, while the remaining four complaints alleged problems with services provided by Alternative Recovery Management, Inc. In addition, Justia, one of the largest online legal databases in the United States, lists at least three federal cases of civil litigation involving ARM
Alternative Recovery Management harassing you?
If you’ve been contacted by ARM, 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 debt collection agency called you several times in a single week
- A debt collector calls you before 8:00 a.m. or after 9:00 p.m.
- You’ve told the debt collection agency that you can’t receive calls at work, but they call anyway
- The debt collection agency is threatening to sue you
- A debt collector has disclosed information about your debt to family members, coworkers, or friends
- The debt collection agency is asking you to pay collection fees
- A debt collector swears at you or calls you names
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…
Why is Alternative Recovery Management calling me?
Alternative Recovery Management could be calling for a number of reasons, all of them related to debt collection:
- They could be collecting a debt on behalf of a creditor. For example, your dentist may have hired the agency to collect on a past due dental bill.
- They may be calling about a debt incurred by someone you don’t know. For example, it could be a wrong number call or your phone number could have been previously owned by the person who actually owes the debt.
- They could be calling to ask the whereabouts of someone you know. For example, they may believe that a family member of yours owes a debt and they’re trying to get a hold of his or her phone number or find out where he/she works.
- They may be trying to get you to make a small payment on a time-barred debt in order to restart the clock on the statute of limitations. For example, they could have purchased a very old bundle of uncollected cell phone bills that are legally unenforceable; convincing a consumer to pay even a dollar makes the debt current again.
If you’ve been contacted by ARM 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.
Can Alternative Recovery Management sue me?
Yes. Alternative Recovery Management 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 ARM 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.
Can Alternative Recovery Management garnish my wages?
Yes. However, Alternative Recovery Management cannot threaten you to garnish your wages and garnishment can only only occur if ARM 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.
Can Alternative Recovery Management report my debt to the Credit Bureaus?
Yes. Alternative Recovery Management 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.
Can Alternative Recovery Management put a lien on my house or property?
Yes. However, as with wage garnishment, a property lien can only arise out of a court judgment against you. If ARM 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.
Can Alternative Recovery Management arrest me?
No. Alternative Recovery Management – or any other debt collection agency like ARM 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.
Can I sue Alternative Recovery Management?
Yes. You absolutely have the right to sue Alternative Recovery Management if you believe ARM 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.
Ready to fight for your rights?
If Alternative Recovery Management – 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.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.