- Report: #916041
Report - Rebuttal - Arbitrate
Complaint Review: ACS Legal Group
ACS Legal GroupInternet United States of America
ACS Legal Group Email dunning notice that uses 3 different FDCPA violations Internet
*Author of original report: A reply is what you want .. is it?
*General Comment: Dear Deadbeat:
*General Comment: Dear Deadbeat:
*Consumer Comment: I too have been contacted by this company
*Author of original report: Really?...a Deadbeat huh?...really.
*General Comment: Dear Deadbeat
*Consumer Comment: Still a deadbeat
*Author of original report: "Deadbeat" --Typical Reaction from a Dirty Collector
*General Comment: YOU ARE JUST A DEADBEAT WHO WONT PAY HIS BILLS
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I guess I was supposed to be intimidated when in the email it states.
I have been instructed to bring legal action against you as may be necessary, which may result in Judgment...Violatiion 1. Section 807.5 of the FDCPA says the collector cant threaten to do something that cant legally be done or they have no intention of doing. My only income if SSDI and that cant be garnished so they cant legally collect any judgment and since in that respect I am judgment proof they have no intention of filing. Strike one for them
You are hereby further advised that if payment is not received within 2 business days of the date of this letter, suit in small claims court may be commenced against you
Violation 2. The email I got also says:
Instead of small claims court, this matter may be referred to our attorney for suit in municipal court.While this seems innocuous this is the dirtiest and most unfair and unlawful collection practice. Why do you ask. Well a suit filed in small claims court is a civil matter. Yes if you lose your assets can be taken to pay. But municipal court, in most jurisdictions handle only criminal matters.
This is an FDCPA violation because it implies the debtor has committed a crime (i.e. municipal court as opposed to small claims). Secondly, it misrepresents the nature of the debt; implies is a criminal matter vs civil. Third, it implies they will win and when one loses in criminal court imprisonment is usually the result. Not to mention that most courts require small claims be used due to the amount of the debt, so municipal court couldnt be used even if they could.
Finally, the first contact notice sent to the debtor serves the purpose to notify the debtor the matter has been placed with the collection agency - a third party but this first notice is required by the FDCPA also to inform the debtor they have a specific time frame in which to dispute the validity of the debt with the agancy.
Violation 3. There is no notice of right to dispute.
I replied to this Matt Williams-which yes is most likely a fake name used so when calls come in it indicates either a new account etc. In my letter I gave him 2 days to reply to me with what address and on what date he intended to serve me with the summons and complaint that his notice tells me is going to happen. I also said if within 2 days I DIDN'T get that information, I would blizzard him and ACS with more complaints etc then they ever have seen as since I am disabled I got nothing to do all day and needed a hobby and would make pursuing him and ACS by all legal mean my current one.
I know the culture of places like this. I doubt my reply will stop any further contact. What places like this dont realize is the more they make contact the more they are going to just build a case agaist them and they use these unlawful, unfair collection practices because people don't know they are illegal.
I would call the phone number in the notice but evidently they have no contactable number for me or they would be calling me, and by calling them they will trap whatever number I use and I would be handing them one. Besides, I already know how the conversation would go....I think instead of wasting the time the call would take, I will go talk to a brick wall instead.
Debt Collection can be a way to help people handle and resolve things when they get in over their head financially but that is why the FDCPA exits. Tactics like ACS uses do nothing and I am sure collect nothing compared to what could be recovered.
When I started as a new collector, one of the things I was told was
"Angry debtors dont pay their bills, they just file complaints."When I read this email I didnt get angry...but trust me I WILL file complaints.
This report was posted on Ripoff Report on 07/23/2012 09:11 AM and is a permanent record located here: http://www.ripoffreport.com/r/ACS-Legal-Group/internet/ACS-Legal-Group-Email-dunning-notice-that-uses-3-different-FDCPA-violations-Internet-916041. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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