Atlantic Recovery Solutions or ARS 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.
Atlantic Recovery Solutions or ARS is a legitimate third-party debt collection agency founded in 2012 and based in New York. According to its website, ARS provides financial solutions for clients and investors, while maintaining the highest level of professionalism and integrity in the industry. Atlantic Recovery Solutions offers its clients professional services, including “debt collections and litigation solutions. Atlantic Recovery Solution’s stated mission is to “help creditors liquidate consumer receivables and assist consumers in resolving their financial challenges, while carrying on a high level of professionalism.” Atlantic Recovery Solutions claims that it recognizes each consumer’s distinct financial situation and will try to work with them in order “to come to voluntary resolutions.”
Atlantic Recovery Solutions’ website does not provide detailed information about its business practices, though it states that it would work with clients to produce “very high liquidation and recovery rates” with a business model that “emphasizes compliance and integrity.” Atlantic Recovery Solutions offers litigation services, including wage garnishments, civil judgments, and default judgments obtained an executed by Atlantic Recovery Solutions’ network of attorneys.
Atlantic Recovery Solutions serves a diverse clientele, including financial companies, local retail and consumer merchants, housing facilities, medical institutions, bank cards, and other merchants.
As a third-party debt collection agency, ARS 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 Atlantic Recovery Solutions 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 Atlantic Recovery Solutions debt collectors.
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The Better Business Bureau (BBB) lists 57 complaints against Atlantic Recovery Solutions in the past three years, only 21 of which have been resolved. 45 of these complaints alleged problems with billing and collections, while 22 alleged problems with services provided by Atlantic Recovery Solutions. Since April 2015, the Consumer Financial Protection Bureau (CFPB) has received 87 complaints about ARS’ debt collection practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least 31 federal cases of civil litigation involving ARS pending since 2010.
Are you asking yourself…
Atlantic Recovery Solutions could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by ARS 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 Atlantic Recovery Solutions 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 ARS 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 ARS, 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. Atlantic Recovery 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 ARS 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, Atlantic Recovery Solutions cannot threaten you to garnish your wages and garnishment can only only occur if ARS 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. Atlantic Recovery 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 ARS 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, Atlantic Recovery Solutions can call you at work however there are strict limits about what ARS 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 ARS 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. Atlantic Recovery Solutions – or any other debt collection agency like ARS 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 Atlantic Recovery Solutions if you believe ARS 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 Atlantic Recovery 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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