American Credit Resolution or ACR 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.
American Credit Resolution (ACR) is a legitimate third-party debt collection agency based in Georgia. American Credit Resolution has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as using prohibited communication tactics and threatening to take action that cannot legally be taken. If American Credit Resolution has contacted you about delinquent collection items, make sure you understand your rights before responding.
Recently, ACR pulled its website offline. As such, information related to its debt collection practices is unavailable.
American Credit Resolution provides services in three main areas: consumer collections, commercial collections, and call center services.
As a third-party debt collection agency, American Credit Resolution 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 American Credit Resolution 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 American Credit Resolution debt collectors.
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American Credit Resolution is not accredited by the Better Business Bureau (BBB), which issued American Credit Resolution an “F” rating. The BBB currently lists the presence of 11 complaints against American Credit Resolution in the past three years, only five of which have been resolved. 10 of these complaints against American Credit Resolution alleged problems with billing and collections services, while the remaining complaint alleged problems with advertising and other services provided by American Credit Resolution. Since September 2014, the Consumer Financial Protection Bureau (CFPB) has received 38 complaints against American Credit Resolution. 35 of these complaints contained allegations related to American Credit Resolution’s debt collection practices, while the remaining complaints alleged problems with payday loan and credit reporting practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least two federal cases of civil litigation involving ACR
If you’ve been contacted by ACR, 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…
American Credit Resolution could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by ACR 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. American Credit Resolution 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 ACR 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, American Credit Resolution cannot threaten you to garnish your wages and garnishment can only only occur if ACR 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. American Credit Resolution 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 ACR 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. American Credit Resolution – or any other debt collection agency like ACR 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 American Credit Resolution if you believe ACR 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 American Credit Resolution – 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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