American Profit Recovery APR Collections Complaints? Calling, Harassing You?

Is American Profit Recovery legit? Are they a scam?

American Profit Recovery, Inc. (APR) is a legitimate third-party debt collection agency based in Massachusetts. American Profit Recovery, Inc. has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), including attempting to collect debts not owed and threatening to take illegal actions. If you have been contacted by American Profit Recovery, Inc., make sure you know your rights before responding.

According to its website, American Profit Recovery, Inc. claims it is easy to do business with because it gets results. American Profit Recovery, Inc. boasts that is in different from other collection agencies in every aspect of how it conducts business. Despite these claims, American Profit Recovery, Inc. employs traditional collection practices to maximize its debt recovery. These practices include using technology and collection professionals to contact individual debtors to attempt to collect debt.

American Profit Recovery, Inc. divides its collection practices into two tiers. Tier I collection services, part of an extended business office service, focus on less delinquent accounts to save clients’ staff time. APR’s Tier II division is for “harder to collect accounts…and uses a more proactive approach to debt collections that incorporates phone work, skip tracing, credit reporting and in some cases legal action if feasible and necessary.” If cases are filed in court, these judgments will accrue interest until paid in full. If judgments are obtained against individual debtors, these judgments can be used to obtain wage garnishments.

APR’s website does not contain much information about its compliance policies or training programs.

Who does American Profit Recovery collect for?

American Profit Recovery, Inc. specializes the following industries: lawncare and landscaping businesses, financial institutions, medical and dental offices, business-to-business and commercial accounts, veterinarians, professional services such as accountants and law firms, fuel and gas distribution companies, education, and small businesses.

As a third-party debt collection agency, American Profit Recovery, 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 American Profit Recovery, 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 APR debt collectors

Reviews: How many complaints have been filed against American Profit Recovery?

American Profit Recovery, Inc. is not accredited by the Better Business Bureau (BBB), which issued American Profit Recovery, Inc. an “A+” rating. The BBB currently lists no complaints against American Profit Recovery, Inc. Since November 2013, the Consumer Financial Protection Bureau (CFPB) has received 55 complaints against American Profit Recovery, Inc. 52 of these complaints contained allegations related to American Profit Recovery, Inc.’s debt collection practices, while the remaining complaints alleged problems with credit reporting practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least 29 federal cases of civil litigation involving APR

American Profit Recovery harassing you?

If you’ve been contacted by APR, 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 American Profit Recovery calling me?

American Profit Recovery 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 APR 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 American Profit Recovery sue me?

Yes. American Profit Recovery 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 APR 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 American Profit Recovery garnish my wages?

Yes. However, American Profit Recovery cannot threaten you to garnish your wages and garnishment can only only occur if APR 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 American Profit Recovery report my debt to the Credit Bureaus?

Yes. American Profit Recovery 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 American Profit Recovery 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 APR 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 American Profit Recovery arrest me?

No. American Profit Recovery – or any other debt collection agency like APR 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 American Profit Recovery?

Yes. You absolutely have the right to sue American Profit Recovery if you believe APR 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 American Profit Recovery – 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.