AmeriFinancial Solutions or AFS 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.
AmeriFinancial Solutions, LLC (a/k/a LFM Enterprises, LLC or AFS) is a legitimate third-party debt collection agency based in Maryland. AmeriFinancial Solutions, LLC has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), such as failing to verify debts and attempting to collect debts not owed. If AmeriFinancial Solutions, LLC has contacted you about past due collection items,make sure you understand your rights before you take action.
According to its website, AmeriFinancial Solutions, LLC is an innovative, technologically advanced medical debt collection agency that specializes exclusively in medical receivables for hospital-based physician groups.” AFS employs a variety of methods to locate and obtain payment from debtors. AmeriFinancial Solutions, LLC uses skip-tracing services to locate addresses telephone numbers for individual debtors. Once obtained, AmeriFinancial Solutions, LLC utilizes automated dialer technology to robo-call debtors in an attempt to put professional collection specialists at AFS’s call center in touch with individuals for payment. In addition to these methods, AFS boasts that it will utilize its state-of-the-art software to locate bankruptcy filings, probate filings, and estate claims of individuals so that even after death or indigency, AmeriFinancial Solutions, LLC will collect the maximum amount possible on behalf of its clients.
In addition to these tactics, AmeriFinancial Solutions, LLC will also report individual debtors accounts to credit agencies in order to prevent individuals from obtaining credit.
AmeriFinancial Solutions, LLC’s Compliance page includes a statement that AmeriFinancial Solutions, LLC has “implemented a Corporate Compliance Plan to ensure compliance with laws that govern the collection industry,” including the Fair Debt Collection Practices Act (FDCPA) and the Health Insurance Portability and Accountability Act (HIPAA). In addition, all AFS employees “are monitored for quality assurance through their telephone monitoring system and by individual account review. AmeriFinancial Solutions, LLC is a member of the… American Collectors Association International (ACA).” However, the AmeriFinancial Solutions, LLC website does not include a consumer resources page with links and references to consumer protection laws and enforcement agencies.
AmeriFinancial Solutions, LLC specializes in the collection of healthcare debt, including emergency medicine, hospitalist medicine, radiology, anesthesiology, and pathology.
As a third-party debt collection agency, AmeriFinancial Solutions, LLC 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 AmeriFinancial Solutions, LLC 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 AFS debt collectors.
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AmeriFinancial Solutions, LLC is not accredited by the Better Business Bureau (BBB), though the BBB issued AmeriFinancial Solutions, LLC an “B” rating, despite the presence of 82 complaints against AmeriFinancial Solutions, LLC in the last three years, only 39 of which have been resolved. 74 of these complaints contained allegations related to AmeriFinancial Solutions, LLC’s billing and collections practices, while the remaining eight complaints contained allegations related to services provided by AmeriFinancial Solutions, LLC. Since April 2017, the Consumer Financial Protection Bureau (CFPB) has received 13 complaints against AmeriFinancial Solutions, LLC. 11 of these complaints contained allegations related to AmeriFinancial Solutions, LLC’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 40 federal cases of civil litigation involving AFS
Are you asking yourself…
AmeriFinancial Solutions could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by AFS 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.
No. If you’ve been contacted by AFS, 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. AmeriFinancial Solutions 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 AFS 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, AmeriFinancial Solutions cannot threaten you to garnish your wages and garnishment can only only occur if AFS 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. AmeriFinancial Solutions 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 AFS 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. AmeriFinancial Solutions – or any other debt collection agency like AFS 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 AmeriFinancial Solutions if you believe AFS 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 AmeriFinancial Solutions – 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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