American Coradius International FDCPA violations and a toothless tiger. Tips to tame this toothless tiger! Amherst New York

  Here's the deal. You ramble on and on, about particular scenarios. You even include a tale of a hypothetical loan from a family member. Trained to try and mess with people's heads, are you? The aggressive and mean-spirited methods that collection agents use are wrong. Plain and simple. As consumers, we are entitled to be treated with dignity and respect. Something that you guys really, really need to learn! I'm so tired of hearing how the collection agents use bullying and scare tactics. I've dealt with a couple of them myself. It's easy to just sit back, and tell people to pay their bills! Sure, some people are scam artists, and try to purposely NOT pay their bills. But the majority of consumers have valid reasons for their delinquency in paying bills! Take the time to actually listen about these issues. Give consumers some hope. Be patient, and know that if it's between paying a late payment on something, or putting food on the table, feeding my family will win, every time! You also seem to brag about a new job, at a collection agency. Tell you what, I'll pray for your soul.... you're gonna need all the help you can get!

I received an email from ACI ... I didn't disclose my information to them, including my email address, nor did I give anyone permission to divulge my email address to any third party... which could have only came from one place ... the creditor.

So unless I signed some kind of form stating they could share ANY\ALL of my personal information with a 3rd party, isn't this a breech of privacy violation on the creditor? I would also thing that if ACI gathered my email address from elsewhere, I should have the right to request where and to show some form of documentation stating I gave the entity they received my email address from, permission to do so... Right?

In any case, I haven't uttered a word to this email, I haven't spoken to anyone on the phone, via mail or email or in person.

So whats' a good course for me to take?

To the bill collector in Cali.. He is right. It all did happen that way!

This is what I've learned about you from everything you said. I'm not going to say you're right about ACI or wrong. I will say that you've greatly exaggerated so many things probably to make yourself feel better after getting fired. Cause I really doubt you didn't participate in the things you speak of. More than likely, you did all these things, got fired and this is your "revenge".

Right now, I see you in this scenario. It's very clear from what you say.

You borrow $100 from your friend. You have absolutely no problem doing that. Maybe you needed the money for an emergency or maybe like many people, $70 of that $100 was used at fast food joints. When the week is over and it comes time to pay back the $100 (like promised)... this is you:

- You blame shift on your friend.

- While you're supposed to pay back in a week (and you promised him), instead you tell your friend you shouldn't have to pay him back cause he has more money than you.

- You tell him, you won't pay him back cause he disclosed to your mom that you owe him money and you're dodging him at every stop. You say cause your friend disclosed to a 3rd party that you're dodging him, he's the bad guy and you don't have to pay him back for that reason. Not only should you not pay him back, but you should piss and moan to everyone how you borrowed money from him and he's terrible cause he's pushing the envelope cause regular tactics (like asking you to pay back the money that you took) aren't working. Shame on your friend for escalating steps. What a terrible friend he must have been to give you money you didn't earn and is now sour cause you didn't pay him back. Such a travesty!

- You tell your friend, he's a jerk for asking you to pay back the loan because you've suffered hardship and he's evil for asking for his money back.

- You tell your friend that because 6 months have passed on a one week loan, he should suggest forget about it, and if after a certain time period passes, he becomes the evil one for reminding you to pay back the bill. Rather than looking at it as you not even paying a dime towards the money you borrowed from him in 6 months, you look at is as him being the immoral one cause he's asking after so much time has passed. Interesting....

- Finally you tell your friend that's spent tons of time trying to get you to pay back the money that he's evil for signing the debt off to another friend that's more suited to get you to pay back your bill. You tell the friend that bought the rights to the debt, that he's so immoral and a bottom feeder cause he bought the debt for pennies on the dollar.

You scream from the rooftops how evil and immoral everyone else is for trying to get you to payback the money you borrowed. You yell and cry and beat your hands against the wall. Then after all is said and done, rather than paying back the money you owe, you somehow justify yourself and tell yourself that because everyone else is stressing you out, you deserve a nice vacation and go pay for one or go pay for that new computer or whatever. And you continue going through life, finding ways to get out of your responsibilities and blame others for your circumstances. You yell out how evil a person / company is for asking you to fulfill your agreed to responsibilities and how not only are you not going to take care of your responsibilities but you're going to actively put down those who come at you for asking you to do the moral thing. So go on, stand atop your mountain of purity and innocence and blame everyone else for your issues.

I'm a collector now at another company. I'm not perfect, but I attempt to payback my bills... money that I've taken from another company that I didn't earn, no matter the age of the debt or any other factor. Another persons actions whether right or wrong, doesn't negate your responsibility to fulfill your agreed to obligation/s. Something I think you will just never understand.

CREDITOR = person or entity that currently OWNS the debt, as defined by the federal FDCPA.

ALWAYS settle or negotiate to settle with the CREDITOR.

I have never suggested to anyone to settle with the original creditor. Especially if the OC has sold the debt.

Further, any creditor who is fool enough to accept payment after the debt has been sold to another is subject to criminal fraud prosecution as well as civil court liability. No reputable creditor would ever accept payment on a debt that has been SOLD.

NEVER accept any type of settlement from the debt collector-deal with the CREDITOR directly.
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This is incorrect information that could cost you thousands of dollars....When the original creditor charges-off a debt and sells it to a collection agency, it relinquishes any right to future payments on that debt. The collection agency is entitled to any payment you make after they buy the debt. If you followed this advise and paid off the debt to the original creditor after they had sold it to a collection agency, the collection agency could legally keep up collection activity for the same amount of money.

Oooops. You did mention the IRS in a rebutal. I was wrong about that and I apologize for that.

However, it's not just student loans, child support and back taxes that can be taken from SS funds. ANY debt to the government can be taken from them. Also, such other debts that do NOT require judication can also be taken such as overdraft and NSF fees owed to a bank.

Oooops. You did mention the IRS in a rebutal. I was wrong about that and I apologize for that.

However, it's not just student loans, child support and back taxes that can be taken from SS funds. ANY debt to the government can be taken from them. Also, such other debts that do NOT require judication can also be taken such as overdraft and NSF fees owed to a bank.

Oooops. You did mention the IRS in a rebutal. I was wrong about that and I apologize for that.

However, it's not just student loans, child support and back taxes that can be taken from SS funds. ANY debt to the government can be taken from them. Also, such other debts that do NOT require judication can also be taken such as overdraft and NSF fees owed to a bank.

Oooops. You did mention the IRS in a rebutal. I was wrong about that and I apologize for that.

However, it's not just student loans, child support and back taxes that can be taken from SS funds. ANY debt to the government can be taken from them. Also, such other debts that do NOT require judication can also be taken such as overdraft and NSF fees owed to a bank.

"Honest" consumers unfortunately are the ones first to get wronged by collection agencies and law firms. There is hypocrisy in every sector of government, business and life so to label consumers as "honest" vs dishonest who use survival tactics to make life more challenging for creditors is an unfair definition of a debtor when dealing with collection agencies and law firms. There are "honest" debtors who have sub 600 FICO scores. Lenders and creditors do not care about "honesty", they care about your assets,income and FICO score. I prefer to refer to debtors as "naive" or "survivalists." "Honesty" doesn't pay off when dealing with any collections outfit. They want "honest" debtors to give out their checking and credit card info. You hear it all the time. Checks withdrawn early and above and beyond the amount authorized. Is it "dishonest" to use money orders and keep money out of the bank (risking a levy) when you are behind the financial and litigation 8 ball? There's also plenty of "sewer service summons" being mailed out to old or invalid addresses of debtors. Obviously when "honest" debtors who keep their assets like bank accounts exposed find out their checking account is frozen from a default judgment won that they never knew of due to "sewer service summons" tactics, how much did "honesty" pay off? Check out ABC News in New York City video on Law Form Rubin and Rothman. (Google ABC News Rubin and Rothman). This Long Island firm requested a summons on a woman who was a victim of identity fraud. She was a hard working Radiology Tech in Westchester and was a victim of ID fraud. A woman in Brooklyn opened up a Citibank card fraudulently and defaulted. R and R requested a summons sent to the fraudulent address in Brooklyn on behalf of Citibank. The poor woman in Westchester not knowing of this, had her checking accounts frozen after a default judgment was won. To make a long story short, be a "survivalist" and keep as little money in your checking as possible, never give that info to ANY collections outfit and live on cash and money orders to pay bills.

""Yes, it is $1000 per suit regardless of number of violations in suit.""

That's not what you posted.

""The whole 'consent to tape' goes out the window when a collector leaves a message on your personal answering machine. It is treated as COMMUNICATION from a debt collector legally. I will stand by that all the way.""

I did not dispute this. I disputed your misinformation that somehow COURTS ENACT laws-they do not.

""I explained that state laws vary in allowance to tape a collector without giving collector notice.""

You did not explain the difference between an in-state telephone call and an interstate telephone call. Interstate calls are problematic for the party making the call depending on which court assumes jurisdiction if the recording party does not obtain permission from all parties to the call. I point this out for the benefit of others. Just because NY doesn't require the consent of all parties doesn't mean I'm free to record and make public a telephone call with a party in California. You encouraged folks to purchase a recording device without explaining the problem of taping interstate calls.

""I will say it again, do not speak directly to a 3rd party collector for any reason other than request to file a complaint with director of compliance on voice mail violations (false sense of urgency,misrepresenting an attorney,etc.)""

I wouldn't speak to any third party debt collector EXCEPT to obtain an address for mailing a certified, return receipt requested letter to the collection agency. Talking about anything OTHER than a mailing address gets most folks into trouble in one way or another.

""I did include IRS with Student Loans and Child Support as SSI garnishable in my response to Curt in Austin.""

You certainly DID NOT. Here it is again to refresh your memory. ""If you are on SSI. DO NOT FEAR. All debts with the exceptions being student loans or child support are NOT GARNISH ABLE if you are on SSI""

Pay attention to your "all debts except" You are mistaken.

""It's all UNSECURED debts that SSI recipients are safe.""

Incorrect again. Perhaps you should post about what you know about this particular agency and leave the rest to others who are more knowledgeable. Or, perhaps you're getting confused as to what you posted on what "blog site." Many debts to the government are "insecure" debts.

""Now Robert, I'd appreciate a confirmation or even suggestions on my dispute of you saying 'always deal with the original creditor.'""

I NEVER WROTE THAT-ever, on ANY rebuttal on Ripoff Report. Are you sure you know which website you're posting on? I always tell folks to deal with the CREDITOR-as in the person or entity that currently owns the debt.

""First off, when they charge off your credit line, you are a tax write off and no longer a customer, but rather a debtor.""

Incorrect again. Why do you continue to post about something such as this? I have 2 companies; property management and computer consulting services. I know very well what a charge off is and does. You are wrong again-the customer becomes a customer who OWES money. The charge off is for business tax purposes ONLY and is required by law so that businesses do not claim a bad debt as an asset (receivable) after 120 days (can you say Enron or Adelphia?). I am also very knowledgeable about the proper use of the 1099 for reporting imputed income should I chose to forgive a debt or forgive a portion of the debt.

The rest of your tirade is pointless as I NEVER wrote anything about going back to the original creditor. I don't know where you got the idea that I did.

Here you go again!

""because a debt validation letter to any 3rd party agency is REQUIRED to be forwarded to the OC for validation before the 3rd Party agency can continue collections with the debtor.""

Not true. There is no statute that I'm aware of that requires this. Kindly post the statute. As part of the validation process, the collector contacts the CREDITOR for validation documents. There is no statute that requires a validation letter be forwarded to the original creditor.

""In my opinion, it's better just to send disputes to Transunion,Equifax and Experian unless the debt is with a law firm that can issue a summons on behalf of the OC. ACI doesn't have that ability to issue court summons on debtors.""

IMO you should stop commenting about legal matters. NO law firm can issue a summons. The court issues a summons, not some law firm or collection agency with a "legal" department. A summons is an order by the court to appear before the court. If I file a small claims suit against you, the small claims court issues a summons for you and then you are served the summons, which is an order by the court for you to appear (respond.)

""In a perfect world Robert, all debtors would prefer to 'settle' with the OC. Unfortunately, their refusal to speak with you after they charge it off makes that impossible.""

Incorrect. They refuse to speak to you after they have SOLD the debt-big difference. The creditor will almost always deal with the debtor when requested. Only a foolish creditor would refuse to do so. I will repeat myself; if anyone is going to settle a debt, do so with the CREDITOR.

""Robert, if OC's gave debtors the choice to deal with them and negotiate after chargeoff, there would be no need for 3rd party agencies and law firms.""

NOT true. Many original creditors will still negotiate with the debtor provided the debt has NOT been sold. In other words, the original creditor is STILL the creditor.

""If you know how to do that, please give us your feedback.""

I have already done so on numerous reports here on ROR.

""Once they sell your account after chargeoff to an agency for between usually 5 to 20 cents on the dollar, they WILL NOT communicate with you in my personal experience. That is until they give the Law Firm their blessings to issue a court summons on their behalf.""

Say what??? Once the debt is sold, the former creditor has NO SAY as to whether the current creditor is going to sue. Again, law firms do not issue court summons. Please get this through your head.

Your evasion tactics are pointless to honest consumers. But I digress; you again post misinformation in the following:

""Switching employers after you cease applying for credit is another way to stay ahead of the creditors (until the Information Subpeona if and when they win a judgment first).""

HUH? Evidence and information is subpoenaed BEFORE the court makes a ruling (judgment) NOT AFTER. Example: I have a suit filed against you in small claims court. You moved and I don't know your current address. I request the court to subpoena your address from the Department of Motor Vehicles so that you may be served with the small claims court summons. This works very well-I've done it. Also, banking information, utility bilsl, voter registration, and the like can be checked via court order to determine your address for the purpose of having you served a summons. My point is that these actions take place BEFORE the court makes a judgment.

Shees! You should quit now. It's no wonder debt collector employees create so many problems for folks.

Here's what I wrote in my rebuttal:

""Better yet, get the offer in writing from the CREDITOR. NEVER settle with any 3rd party debt collector-EVER!!! Folks need to send a certified, return receipt requested letter to the debt collector to DISPUTE and demand VALIDATION of the debt. Also demand complete contact information for the ORIGINAL and CURRENT CREDITOR. Any settlement should be made with the CREDITOR. Settling with a 3rd party debt collector ONLY gets that collector off your back-the creditor is free to come after the debtor at a later date for the REMAINDER of the debt.

NEVER accept any type of settlement from the debt collector-deal with the CREDITOR directly. Further, the settlement offer should clearly state that the creditor will report the issue to the CRAs as paid as agreed." If they are not willing to do this, then what's the point of reaching a settlement?""

Folks should negotiate with the CREDITOR-the folks who currently OWN the debt (not some 3rd party collection agency.)

I did not write that a settlement should be negotiated with the original creditor.

I wrote that folks should attempt to settle with the CREDITOR.

I did not write ORIGINAL CREDITOR. The CREDITOR is in a position to absolve the debt based on any reasons the creditor might use, settlement payments, barter, whatever.

Robert, when I successfully negotiated out of court settlements with a 3rd party agency pro se, the FDCPA violations involved answering machine recordings. Yes, it is $1000 per suit regardless of number of violations in suit. The whole "consent to tape" goes out the window when a collector leaves a message on your personal answering machine. It is treated as COMMUNICATION from a debt collector legally. I will stand by that all the way. I never said "recording a conversation" isn't dicey. I explained that state laws vary in allowance to tape a collector without giving collector notice. I will say it again, do not speak directly to a 3rd party collector for any reason other than request to file a complaint with director of compliance on voice mail violations (false sense of urgency,misrepresenting an attorney,etc.) I did include IRS with Student Loans and Child Support as SSI garnishable in my response to Curt in Austin. It's all UNSECURED debts that SSI recipients are safe.
Now Robert, I'd appreciate a confirmation or even suggestions on my dispute of you saying "always deal with the original creditor."Unfortunately,it's almost always not an option after chargeoff. First off, when they charge off your credit line, you are a tax write off and no longer a customer, but rather a debtor. When debtors call the original creditor (OC) after chargeoff, 99.9% of the time they refer you to the 3rd party agency or collection firm they either sold it to or contracted.They will not communicate with you. By disputing with the OC, you are merely doing the same thing twice because a debt validation letter to any 3rd party agency is REQUIRED to be forwarded to the OC for validation before the 3rd Party agency can continue collections with the debtor. In my opinion, it's better just to send disputes to Transunion,Equifax and Experian unless the debt is with a law firm that can issue a summons on behalf of the OC. ACI doesn't have that ability to issue court summons on debtors. In a perfect world Robert, all debtors would prefer to "settle" with the OC. Unfortunately, their refusal to speak with you after they charge it off makes that impossible. To avoid getting screwed over by a collection agency, send the settlement offer and settlement paid in full letter upon completion to all 3 credit bureaus.Robert, if OC's gave debtors the choice to deal with them and negotiate after chargeoff, there would be no need for 3rd party agencies and law firms.If you know how to do that, please give us your feedback. Once they sell your account after chargeoff to an agency for between usually 5 to 20 cents on the dollar, they WILL NOT communicate with you in my personal experience. That is until they give the Law Firm their blessings to issue a court summons on their behalf.
As far as "evasion tactics." I personally will stand by "STOP applying for credit!" (no CBR inquiries with personal info), leave no forwarding address when you move, and use a tracfone where no cell can be traced through skiptracing links like Accurint. Switching employers after you cease applying for credit is another way to stay ahead of the creditors (until the Information Subpeona if and when they win a judgment first). Only way you could be found is if an associate blows your cover and gives location and contact info before the Info subpeona after a default judgment vs the debtor is won.Also, keep money out of your checking account and do not have direct deposit with your employer. If you can personally live with cashing paychecks at check cashing stores with high fees and using money orders or cash to pay necessities, close your checking completely if you fear the potential of a creditor judgment.

""I can be 'ticky tacky' as well.""

I'm not being ticky tacky. I'm correcting your misinformation. I don't pick on spelling mistakes, I point out incorrect information as you will see.

""please tell me whatever other disputes you have with my specified information concerning ACI and internal operations as well as tips to handle 3rd Party agencies whether it be aggressively (bait tactics) or passively (evasion tactics).""

You asked

First, this site is NOT a BLOG SITE. You want to have a personal blog, go to myblog.com or some other blog site. Your report started out as a "consumer issue" and has morphed into a personnel issue with this firm. Your "report" has all the earmarks of a disgruntled ex-employee. As I stated, consumers do not care one twit as to the internal workings of this or any other debt collector, let alone personnel issues-who gets fired or not.

""If you are on SSI. DO NOT FEAR. All debts with the exceptions being student loans or child support are NOT GARNISH ABLE if you are on SSI""

Incorrect. Debts of any kind owed to the US government may be recouped through SSI benefits; income tax debt, overpayment of government benefits, fines levied by the US government, etc. THESE types of debts may indeed be "garnished" from SSI benefits.

""If you do have the cash to settle, get the OFFER IN WRITING.""

Better yet, get the offer in writing from the CREDITOR. NEVER settle with any 3rd party debt collector-EVER!!! Folks need to send a certified, return receipt requested letter to the debt collector to DISPUTE and demand VALIDATION of the debt. Also demand complete contact information for the ORIGINAL and CURRENT CREDITOR. Any settlement should be made with the CREDITOR. Settling with a 3rd party debt collector ONLY gets that collector off your back-the creditor is free to come after the debtor at a later date for the REMAINDER of the debt.

NEVER accept any type of settlement from the debt collector-deal with the CREDITOR directly. Further, the settlement offer should clearly state that the creditor will report the issue to the CRAs as paid as agreed. If they are not willing to do this, then what's the point of reaching a settlement?

""Agencies will accept that sometimes instead of going to court and paying you $1000 per violation (especially if your debt is relatively small to begin with).""

Incorrect. The FDCPA allows up to $1000 in statutory damages-that's per lawsuit, not per violation.

""3) If #1 or #2 takes place, always have record of conversations in writing with witness signatures (to use when you take ACI to court). In addition, pay $30 to Radio Shack instead of foolishly paying ACI to renew the statute of limitations and buy a recording device to tape all calls (check and see if your state allows you to record a call without debtors consent (some states do and others don't).""

Consumers must be very careful when recording phone calls. If the call is across STATE LINES the consumer could face criminal and civil penalties if consent of all parties to the call is not obtained. The jury is out on interstate calls. I covered this in another ROR, it depends on which court assumes jurisdiction and the mood of the court at the time.

This is a very grey area right now because there has been no definitive precedence set in Federal Supreme Court over this issue. Different districts have ruled differently.

Consumers need to set the debt collector up for FDCPA and NYS GBL violations by putting them on notice is writing. A letter that disputes and demands validation of the debt as well as to inform the debt collector that the consumer will deal with the CREDITOR only and that any further contact will be considered harassment and a malicious attempt to inflict emotional and economic harm (no phone calls to employer.)

The lack of a "legal department" does not mean that they cannot sue anyone. I don't have a legal department either, but be assured that I can sue folks when they don't pay me what they owe me. Lawyers do not "make"or "get" judgments-COURTS do that. Lawyers do not SUE; plaintiffs sue.

Need I continue? There's more and I don't have the time to educate you completely. There are plenty of reports here where I have rebutted with information-just do a search.

Robert, you are disputing my terminology involving the FOTI CASE. I explained the requirements of all 3rd Party agencies when leaving voice mail recordings. You are challenging my wording involved "enacted" in Southern District of New York. The FOTI CASE was "enacted" in the Southern District of New York. Enacted is synonymous with created or established. That is exactly what was ESTABLISHED in 2006. Since then, 3rd Party agencies are required to identify they are debt collectors attempting to collect a debt.I assume your "delima" wording was meant to be dilemma. I can be "ticky tacky" as well.

As far as saying my "inside information" on the inner workings of American Coradius International isn't relevant to this blog. This report is about AMERICAN CORADIUS INTERNATIONAL, not FDCPA or FOTI. I gave plenty of detailed and ACCURATE tips on how to handle 3rd Party collectors above and beyond the topic of this report which is AMERICAN CORADIUS INTERNATIONAL. Any potential Western New Yorker who is seeking employment or any american who has an account at ACI wants to know what the company is all about internally. Besides your issues with how I described and explained the FOTI CASE, please tell me whatever other disputes you have with my specified information concerning ACI and internal operations as well as tips to handle 3rd Party agencies whether it be aggressively (bait tactics) or passively (evasion tactics).

""Sorry for any confusion Robert and consumers
I have tried to make this blog as reader friendly as possible concerning consumers/debtors who are unfamiliar with the 3rd party collection agency process. My references to the FOTI CASE as far as answering machine requirements are accurate (detailed mini miranda,ID name of company,collector name, phone #).Admittedly, the correct phrasing should of been FOTI CASE. You are correct Robert.My apologies for referring to it as FOTI LAW. The FOTI CASE determined that all voice mails are indeed legally viewed as communication from a debt collector and 3rd party collection agency and need to be specified and any vague or unspecified urgency is in violation. I do my best to properly specify here and will be the first to admit and confirm any technical errors including phrasing CEASE COMMUNICATION as CEASE and DESIST as Steve corrected me on from a legal standpoint in the eyes of the courts.""

You have given incorrect information. You stated that the ""southern district enacted..."" The courts do NOT ENACT ANY LAWS-period.

The delima facing debt collectors and voice messages is 2 fold because of several court rulings. Debt collectors who leave voice mail messages do so at their peril-there is NO WAY to win, either they identify themselves and RISK 3rd party disclosure (violation) or they don't identify themselves (violation.)

As to debt collection practices and stopping the harassment. NY has a pretty broad (and subjective) section of General Business Law that deals with this. You should read Article 29-H of the NY State GBL-it applies to ALL consumer credit collections; debt collectors and creditors.

No one really cares about the internal workings of any debt collection agency-simply sue the agency (AND the individual employee) for violations of the FDCPA and Article 29H of the NYS GBL. Oh, and do so in an UPPER court, whereas legal fees, actual damages, court costs, etc. may be granted.

As the summer of 2008 has concluded, more tremors have taken place at this ACI outfit. An employee of over 10 years who holds the highest personal achievement records of over 20K in fee collected was like MJS forced out for not being a Duggan bower. Way to keep infuriating the few proven vets who actually have been longtime faces of a struggling organization that continuously scares off top tier collectors due to below industry standard hourly wages and junk paper.Even a handful of Duggan bowers with friendship ties from Duggan's Account Solutions Group days are either leaving or frustrated. That credit max portfolio which Duggan put mostly his buddies on is in trouble.An individual (not a Duggan bower)who has worked Credit Max for close to 10 years successfully at other agencies came to ACI because Credit Max was put in their office so he came to work Credit Max, not for ACI per se.Why has Credit Max gone down the tubes these past 6 months and even a Credit Max collector of 10 years walks away from a paper he's collected successfully for a decade?VERY BAD SIGN. Collector KRI who I said was put on that paper despite subpar performances for a year on other portfolios even got sick of the lack of productivity and has since walked out. When a collector who is handed the chance to work their idea of prime paper by friendship to Duggan despite having lower numbers to more deserving employees goes elsewhere, that's a BAD SIGN. The epitome of the whole "indentured servant" pedigree is CUBS INITIALS LLO. This individual for 2 years is way below performance goals and has failed on atleast 5 or 6 portfolios and still has a job. This collector would last 2 months at most competitors who have "perform or else" conditions after 60 days of employment. Other top tier veterans with a great track record have defected recently as well. Names and cubs initials aren't relevant, I'm sure readers catch my drift.

For the purposes of CUBS initials MJS now being an ex employee, I want to keep MJS's anonymity intact.As a disclaimer, MJS has NO ASSOCIATION with this blog and this is strictly MY respect towards MJS and observations on this issue. MJS was one of the few Team Leaders who was in place prior to the Account Solutions Group party crashing lead by Bob Duggan back in late winter 2007. This employee had the highest overall monthly team performance achievements for the vast majority of MJS's employment up till that fateful day just after Memorial Day.

MJS was promoted in 2006 before Duggan and Company came aboard and MJS's collectors had the highest overall collections for the vast majority of the two years MJS was a team leader. MJS however, refused to suck up to Duggan and kept Team Leader status because of MJS's team performance. However, the thought of a Team Leader not being a part of the "Bow to Duggan Circle" longterm, it proved to be too much of a threat to Duggan and his staff of less qualified and talented "Bow to Duggan" team leaders. To protect MJS who I respect greatly as a former Team Leader and as a person, the whole dismissal was complete BS and management knows it.

I am sparing details to protect MJS's short and longterm anonymity in the eyes of MJS's present employer. Ironically, MJS was one of several Team Leaders of a portfolio that was recently lost to NCO after the dismissal of MJS. I estimate about 25 percent of ACI Northtown employees worked this portfolio. Now, they are mostly stuck calling worse junk. So for what it's worth MJS, you were forced out at the right time and am happy to know you are in a better spot that doesn't hold back employees due to Duggan like politics.

I have tried to make this blog as reader friendly as possible concerning consumers/debtors who are unfamiliar with the 3rd party collection agency process. My references to the FOTI CASE as far as answering machine requirements are accurate (detailed mini miranda,ID name of company,collector name, phone #).Admittedly, the correct phrasing should of been FOTI CASE. You are correct Robert.My apologies for referring to it as FOTI LAW. The FOTI CASE determined that all voice mails are indeed legally viewed as communication from a debt collector and 3rd party collection agency and need to be specified and any vague or unspecified urgency is in violation. I do my best to properly specify here and will be the first to admit and confirm any technical errors including phrasing CEASE COMMUNICATION as CEASE and DESIST as Steve corrected me on from a legal standpoint in the eyes of the courts.

No such FOTI Law exists.

What happened was the court ruled that a telephone message left by NCO on an answering machine was considered a "subsequent" communication (after the initial communication) and as such NCO was required to identify itself and indicate that they were attempting to collect a debt.

The complete ruling of the court is available on line.

Hi Curt, since you have taken the time to research such topics, I'm sure you have learned quite a bit about your FDCPA rights. The FOTI Law was passed in the Southern District of New York State back in 2006 and the law is the standard when leaving voice mail messages for all 50 states when it comes to 3rd party agencies. Medical Bills are the same as unsecured credit lines unless it is with the original creditor or in your case, a doctor or hospital where FDCPA and FOTI do not apply. If it is with a 3rd party collection agency, they need to include the following on all voice mails. "This message is for Curt ____, if you are not Curt ____, please disregard this call. If you are Curt _____, this is communication for debt collector (collectors name)of ABC Collection Agency at 1-800-xxx-xxxx,this is an attempt to collect a debt and any information obtained will be used for that purpose." If that is not messaged on your voice mail, it violates the FOTI Law passed when NCO was sued for leaving vague and unspecified urgent messages on Plaintiff Foti's voice mail.
Curt, without knowing your overall credit situation (it's none of my business), I can confirm the following.I'm not an attorney by the way either. Texas is a very debtor friendly state all around. If you have owned a home for over 4 years, you have UNLIMITED HOMESTEAD PROTECTION. In another words, any creditor (medical or unsecured credit line), cannot slap a lien on your home if they win a default judgment in court from you. Seeing as yours is $250, you have nothing to fear. More on that later. Texas consumers/debtors cannot have their wages garnished either for any UNSECURED DEBT. Only exception as is with all 50 states, is Student Loans, Child Support and IRS debts. If your only debts out there are medical and other unsecured debts as a Texas resident, You CANNOT have your wages garnished and if you are a homeowner of over 4 years, no lien can be attached and your equity is safe! Back to the $250 medical bill. How old is this bill? If it's nearing or past your states statute of limitations (just google texas statute of limitations on debt), I advise you NOT TO PAY. It reages the debt and may actually hurt your credit score. If it is a recent debt and you desperately need credit repair to finance a car or home, then you should pay it and only under those circumstances should you pay it. If your credit is shot already, the only repair is "time." I highly doubt any creditor or medical biller is going to sue you over $250 (court costs are way more in itself) ,unless they are just very unusually vindictive lenders/creditors flexing their muscles. Seeing as Texas is very debtor friendly with the inability to put a lien on a home of over 4 years ownership or garnish your wages, you have nothing to worry about in my opinion. With that said, learn the FDCPA penal codes and remind them if FOTI isn't used, it's an FDCPA violation. Have fun with these agencies, they can't legally do anything to you on a $250 medical bill and contact the agency's Director of Compliance. If a collector refuses to give you their Compliance Director, that's an FDCPA violation too.

More of a question...

If a 3rd Party Collection Agency leaves a message that does not state a MM or if the name of the agency is not stated on the message are they in violation of FOTI?

Call basically states "My name is John Doe leaving a message for Jane Doe please call me back at 1800xxxxxxx Ext xxx."

The message does not state the name of the company nor is there any indication that it is an attempt to collect a debt - but googled the number and know its a collection agency.

Its not a huge debt, a medical bill for less than $250

Are they in violation?

Figured I would also give my advice on ways to avoid dealing with agencies like ACI / American Coradius International LLC completely over the telephone without writing cease communications letters.To this point, I have encouraged consumers to be aggressive in baiting places like ACI into FDCPA violations and educating themselves with the FDCPA penal codes. I do understand some consumers/debtors may be tentative with walking the tightrope when it comes to talking to American Coradius International / ACI employees or Director of Compliance when dealing with harrassing FDCPA violations. There are several things you can do that as I type this keep your updated information private when you move, change employment or change your phone number.
1) STOP APPLYING FOR CREDIT ! I can't stress this enough consumers. Whether it's an insignificant Old Navy charge card or a major visa card, you include on your application Place of Employment, valid home and work number,etc. This information all gets put on your credit report as an INQUIRY. You may of had success for years not getting hounded by collectors over the phone. However, ANY CREDIT APPLICATION gives them an easy skiptrace to your private home or cell number (which is required on almost all credit applications in order to be approved and activated) when your account and credit bureau report come attached to an ACI collector.
2) Accurint can trace cell numbers. There is a feature on Accurint's skiptracing database called "phones plus." This feature now gives collectors access to private cell numbers (well, not "private" anymore) that you sign a contract on. Examples are Nextel,Cricket,Verizon,etc. It's simple, you type in the debtor's name or address in "phones plus" and all home and cell numbers of residents come up. That is why so many debtors who felt "safe" get caught off guard when a bill collector calls their no longer private cell especially. Fortunately, all cells to my knowledge come with caller ID so immediately hang up and when you see the number pop up again from the 716 Buffalo area code, don't answer. The only inconvenience is wasting minutes deleting voice mails. However,as I said in an earlier blog, by all means save illegal voice mail messages that violate the FDCPA.
3) GET A TRACFONE. If a tracfone is your only direct contact, you are safe from being traced in all skiptracing databases including accurint (well,unless you include your tracfone number on a credit application which I discouraged earlier). Why? Any 8 or 80 year old can go into a store like walmart and get a tracfone without identification, social security number and walk out with a line of communication no one knows. Just remind any neighbors,family or friends that may be called by ACI requesting "location information" not to give your number out. In case you have a loose lipped associate, keep the automated voice mail greeting and don't have your voice or name attached to the phone whatsoever. That way, even if they call, just say "you have the wrong number" and hang up. If they call back, they will get an automated voice mail and most collectors won't persist in calling if they can't verify for sure if it is your number (plenty of easier fish for them to prey on). If they keep calling, say your fictitious name is ___ _____, if you call again, you are not only harrassing and violating my privacy, you are also wasting my minutes. I wouldn't say violating the FDCPA. The idea is for you to AVOID contact, right? If they hear FDCPA, most will instinctively assume you are the debtor screening. But by all means, if some loose lipped ACI collector messes up and they call your TRACFONE, just let them leave voice mail messages. Get them frustrated and have either an attorney or more savvy associate familiar with the FDCPA contact Steve Moeller who again is the Director of Compliance at ACI.

Figured I would also give my advice on ways to avoid dealing with agencies like ACI / American Coradius International LLC completely over the telephone without writing cease communications letters.To this point, I have encouraged consumers to be aggressive in baiting places like ACI into FDCPA violations and educating themselves with the FDCPA penal codes. I do understand some consumers/debtors may be tentative with walking the tightrope when it comes to talking to American Coradius International / ACI employees or Director of Compliance when dealing with harrassing FDCPA violations. There are several things you can do that as I type this keep your updated information private when you move, change employment or change your phone number.
1) STOP APPLYING FOR CREDIT ! I can't stress this enough consumers. Whether it's an insignificant Old Navy charge card or a major visa card, you include on your application Place of Employment, valid home and work number,etc. This information all gets put on your credit report as an INQUIRY. You may of had success for years not getting hounded by collectors over the phone. However, ANY CREDIT APPLICATION gives them an easy skiptrace to your private home or cell number (which is required on almost all credit applications in order to be approved and activated) when your account and credit bureau report come attached to an ACI collector.
2) Accurint can trace cell numbers. There is a feature on Accurint's skiptracing database called "phones plus." This feature now gives collectors access to private cell numbers (well, not "private" anymore) that you sign a contract on. Examples are Nextel,Cricket,Verizon,etc. It's simple, you type in the debtor's name or address in "phones plus" and all home and cell numbers of residents come up. That is why so many debtors who felt "safe" get caught off guard when a bill collector calls their no longer private cell especially. Fortunately, all cells to my knowledge come with caller ID so immediately hang up and when you see the number pop up again from the 716 Buffalo area code, don't answer. The only inconvenience is wasting minutes deleting voice mails. However,as I said in an earlier blog, by all means save illegal voice mail messages that violate the FDCPA.
3) GET A TRACFONE. If a tracfone is your only direct contact, you are safe from being traced in all skiptracing databases including accurint (well,unless you include your tracfone number on a credit application which I discouraged earlier). Why? Any 8 or 80 year old can go into a store like walmart and get a tracfone without identification, social security number and walk out with a line of communication no one knows. Just remind any neighbors,family or friends that may be called by ACI requesting "location information" not to give your number out. In case you have a loose lipped associate, keep the automated voice mail greeting and don't have your voice or name attached to the phone whatsoever. That way, even if they call, just say "you have the wrong number" and hang up. If they call back, they will get an automated voice mail and most collectors won't persist in calling if they can't verify for sure if it is your number (plenty of easier fish for them to prey on). If they keep calling, say your fictitious name is ___ _____, if you call again, you are not only harrassing and violating my privacy, you are also wasting my minutes. I wouldn't say violating the FDCPA. The idea is for you to AVOID contact, right? If they hear FDCPA, most will instinctively assume you are the debtor screening. But by all means, if some loose lipped ACI collector messes up and they call your TRACFONE, just let them leave voice mail messages. Get them frustrated and have either an attorney or more savvy associate familiar with the FDCPA contact Steve Moeller who again is the Director of Compliance at ACI.

Figured I would also give my advice on ways to avoid dealing with agencies like ACI / American Coradius International LLC completely over the telephone without writing cease communications letters.To this point, I have encouraged consumers to be aggressive in baiting places like ACI into FDCPA violations and educating themselves with the FDCPA penal codes. I do understand some consumers/debtors may be tentative with walking the tightrope when it comes to talking to American Coradius International / ACI employees or Director of Compliance when dealing with harrassing FDCPA violations. There are several things you can do that as I type this keep your updated information private when you move, change employment or change your phone number.
1) STOP APPLYING FOR CREDIT ! I can't stress this enough consumers. Whether it's an insignificant Old Navy charge card or a major visa card, you include on your application Place of Employment, valid home and work number,etc. This information all gets put on your credit report as an INQUIRY. You may of had success for years not getting hounded by collectors over the phone. However, ANY CREDIT APPLICATION gives them an easy skiptrace to your private home or cell number (which is required on almost all credit applications in order to be approved and activated) when your account and credit bureau report come attached to an ACI collector.
2) Accurint can trace cell numbers. There is a feature on Accurint's skiptracing database called "phones plus." This feature now gives collectors access to private cell numbers (well, not "private" anymore) that you sign a contract on. Examples are Nextel,Cricket,Verizon,etc. It's simple, you type in the debtor's name or address in "phones plus" and all home and cell numbers of residents come up. That is why so many debtors who felt "safe" get caught off guard when a bill collector calls their no longer private cell especially. Fortunately, all cells to my knowledge come with caller ID so immediately hang up and when you see the number pop up again from the 716 Buffalo area code, don't answer. The only inconvenience is wasting minutes deleting voice mails. However,as I said in an earlier blog, by all means save illegal voice mail messages that violate the FDCPA.
3) GET A TRACFONE. If a tracfone is your only direct contact, you are safe from being traced in all skiptracing databases including accurint (well,unless you include your tracfone number on a credit application which I discouraged earlier). Why? Any 8 or 80 year old can go into a store like walmart and get a tracfone without identification, social security number and walk out with a line of communication no one knows. Just remind any neighbors,family or friends that may be called by ACI requesting "location information" not to give your number out. In case you have a loose lipped associate, keep the automated voice mail greeting and don't have your voice or name attached to the phone whatsoever. That way, even if they call, just say "you have the wrong number" and hang up. If they call back, they will get an automated voice mail and most collectors won't persist in calling if they can't verify for sure if it is your number (plenty of easier fish for them to prey on). If they keep calling, say your fictitious name is ___ _____, if you call again, you are not only harrassing and violating my privacy, you are also wasting my minutes. I wouldn't say violating the FDCPA. The idea is for you to AVOID contact, right? If they hear FDCPA, most will instinctively assume you are the debtor screening. But by all means, if some loose lipped ACI collector messes up and they call your TRACFONE, just let them leave voice mail messages. Get them frustrated and have either an attorney or more savvy associate familiar with the FDCPA contact Steve Moeller who again is the Director of Compliance at ACI.

Figured I would also give my advice on ways to avoid dealing with agencies like ACI / American Coradius International LLC completely over the telephone without writing cease communications letters.To this point, I have encouraged consumers to be aggressive in baiting places like ACI into FDCPA violations and educating themselves with the FDCPA penal codes. I do understand some consumers/debtors may be tentative with walking the tightrope when it comes to talking to American Coradius International / ACI employees or Director of Compliance when dealing with harrassing FDCPA violations. There are several things you can do that as I type this keep your updated information private when you move, change employment or change your phone number.
1) STOP APPLYING FOR CREDIT ! I can't stress this enough consumers. Whether it's an insignificant Old Navy charge card or a major visa card, you include on your application Place of Employment, valid home and work number,etc. This information all gets put on your credit report as an INQUIRY. You may of had success for years not getting hounded by collectors over the phone. However, ANY CREDIT APPLICATION gives them an easy skiptrace to your private home or cell number (which is required on almost all credit applications in order to be approved and activated) when your account and credit bureau report come attached to an ACI collector.
2) Accurint can trace cell numbers. There is a feature on Accurint's skiptracing database called "phones plus." This feature now gives collectors access to private cell numbers (well, not "private" anymore) that you sign a contract on. Examples are Nextel,Cricket,Verizon,etc. It's simple, you type in the debtor's name or address in "phones plus" and all home and cell numbers of residents come up. That is why so many debtors who felt "safe" get caught off guard when a bill collector calls their no longer private cell especially. Fortunately, all cells to my knowledge come with caller ID so immediately hang up and when you see the number pop up again from the 716 Buffalo area code, don't answer. The only inconvenience is wasting minutes deleting voice mails. However,as I said in an earlier blog, by all means save illegal voice mail messages that violate the FDCPA.
3) GET A TRACFONE. If a tracfone is your only direct contact, you are safe from being traced in all skiptracing databases including accurint (well,unless you include your tracfone number on a credit application which I discouraged earlier). Why? Any 8 or 80 year old can go into a store like walmart and get a tracfone without identification, social security number and walk out with a line of communication no one knows. Just remind any neighbors,family or friends that may be called by ACI requesting "location information" not to give your number out. In case you have a loose lipped associate, keep the automated voice mail greeting and don't have your voice or name attached to the phone whatsoever. That way, even if they call, just say "you have the wrong number" and hang up. If they call back, they will get an automated voice mail and most collectors won't persist in calling if they can't verify for sure if it is your number (plenty of easier fish for them to prey on). If they keep calling, say your fictitious name is ___ _____, if you call again, you are not only harrassing and violating my privacy, you are also wasting my minutes. I wouldn't say violating the FDCPA. The idea is for you to AVOID contact, right? If they hear FDCPA, most will instinctively assume you are the debtor screening. But by all means, if some loose lipped ACI collector messes up and they call your TRACFONE, just let them leave voice mail messages. Get them frustrated and have either an attorney or more savvy associate familiar with the FDCPA contact Steve Moeller who again is the Director of Compliance at ACI.

This is a disclaimer that I will further specify for my blog here on American Coradius International. The names mentioned involving Bob Duggan, Steve Moeller and Dan Reynolds are strictly work related observations of them in managerial positions that the public needs to know. What I have upheld is protecting collectors who have been described in a less than stellar light (example: cubs initials KRI) that no one outside ACI would know and therefore their public anonymity is intact. I want to make sure collectors who are portrayed negatively in future posts have their names PROTECTED. Why? These collectors at some point will most likely be seeking new employment and do deserve anonymity to the public if portrayed negatively on my report here on ripoff. I've been fair from my end on it as author, posters need to do the same.Stick with CUBS initials like I have. It's only fair. However, if you have positive references about employees (ex: Tom Mundier and Bill Barto as I described as well accomplished and underappreciated), by all means use their first and last name if you wish to compliment their contributions to ACI. I am promoting consumer rights and knowledge of the insides of places like ACI that consumers HAVE A RIGHT under the First Amendment to hear.I also hope this lengthy blog will enable management to wake up and pay the mostly unhappy and underpaid staff more competitive wages found at other places within a 5 mile radius. d**n me for revealing accurate secrets on tips to tame a toothless tiger like ACI from a consumer standpoint if you will. However, commend me as well for sticking up for the many underpaid and underappreciated staff that for whatever reason is making far less per hour than they would spitting distance down the street at other nearby agencies.My challenges referring to such employees as "indentured servants" are more these employees failures to get off their butts and fullfill their income potential working far better portfolios and pay at many nearby places. I give you kudos for loyalty of remaining "underemployed", but unfortunately, "loyalty" doesn't make the most of your lifestyle when it involves making enough money to live the way you want at your place of employment.I'm sure there are a lot of "nice people" making chump change flipping burgers at Burger King. That doesn't mean it's okay to stay employed at such a place when you individually can do far better. Look at yourselves in the mirror and realize you can do better financially elsewhere and until then, you are "indentured servants" struggling from paycheck to paycheck while the ownership is profitting from the junk paper and out of stats garbage you are generally getting a paltry $9-$12 per hour to call on.

Steve in particular, thought you'd like to know I have a second $500 coming my way from UCB. When they took my account out of their database 3 weeks ago when I settled for voice mail violations on my cell, apparantly my account mistakenly was put on their dialer which the Director of Compliance admitted and 3 knuckleheads on 7/16,7/21,7/25 left not only messages without FOTI (essentially the mini miranda which was passed in the Federal Court of Southern NY State in 2006), the one on 7/25 said "yourself or your legal representative urgently needs to respond in 24 hours." Guess what? Because I recited various sections of FDCPA (mostly sections 807 through 811) first time around, UCB didn't even bother asking me this second time around to listen to my recordings saved. They took me on my word and just got a release form today from them to basically "pretend nothing happened" in exchange for $500. So yes, 3rd party agencies KNOW voice mail recordings legally qualify as COMMUNICATION from a debt collector and stand up in court and "consumer consent to tape" is irrelevant in any state on answering machines.
While we are on this subject consumers. I'd like to believe I've got a little knowledge on consumer/debtor rights. Tips on negotiatating a settlement without an attorney with a 3rd party agency.

1) read sections 807 through 811 of the FDCPA on their website in particular and save it to "your favorites." Most collector violations fall under these sections of the FDCPA. Recite the specific section and part of the violation to the Head of Compliance so they know you aren't someone to be taken likely.Read it and know it!

2) Tell them if no FOTI was left, "The FOTI law was passed in the Southern District of New York State." Again, you gain even more credibility.

3) Don't waste your time with Better Business Bureau and Federal Trade Commission if you want immediate results. They look at you as a drop in the bucket. Chances of even a longterm class action suit with your name on it are very minimal from the FTC and essential zero from the BBB. If you want to be patient and wait many years, then I suppose it doesn't hurt.

4) Don't be too greedy atleast at first. I threw out $500 and settled both times and feel that's a good number to start at. It's not overly expensive for 3rd party agencies profitting hand over fist and they get rid of an irritant that knows his rights. But again, have sections of the FDCPA written down ahead of time to recite to head of compliance so they know you are smart.As they say with greed, "pigs get fat and hogs get slaughtered." Hence, don't start out with $1000.That's usually the maximum a judge will give you in court per offense anyhow so agencies will likely "dare you" to take them to court. Stick with $500.

5) Call EVERYDAY to get an update. First time around, they listened to my recordings and cut me a check the next day. This time around, it took more time.First contact I made was monday 7/28. I just got the release agreement a week later today. I suspected more resistance and stalling so I essentially said this morning ,"It's been a week. I still have the recordings (which you can sue on for up to a year from date of violation btw), you haven't asked me to listen to them, this is an attempt by an american consumer to protect and uphold his rights under the FDCPA, any information obtained at this time will be used for that purpose."

6) DO NOT SAY you will have your attorney contact them if you don't have one. Any single business day that you do not follow up weakens your credibility and stance immensely(lacking urgency). However, to threaten them with "attorney" when you can't hire one to contact them the next business day, YOU ARE TOAST in your bargaining power.Again, if you know the specific legal codes of the FDCPA and FOTI, negotiate YOURSELF ! It saves you time, attorney fees and without demanding a 4 digit settlement, you dont have to miss work to appear in court and your only expense is a $6-$10 certified mailing of your release form to the agency in acceptance of the settlement for x amount of dollars.

I apologize Steve for misstating your terminology on referring to your CEASE COMMUNICATIONS perspective as cease and desist. I do realize that is one of very few mistakes in my deep insight previously posted on this blog. Cease and desist is the terminology agencies see the letter as, cease communications is indeed the legal terminology used by the courts.Thanks for the correction.As far as answering machines go Steve, If a collector is dumb enough to leave illegal messages, it's indeed treated as communication and 3rd party disclosure. Yes, many states make a consumer give disclosure that they are taping the call to the collector in live contact in order for it to stand legally in court. However again, a collector leaving a voice mail makes any "consumer consent to tape" IRRELEVANT and again is treated as communication by a debt collector which will stand in any court. I know from personal experience in shaking down UCB to pay for their answering machine recording on my cell. If an agency doesn't give the FOTI message "this is an attempt to collect a debt, any information obtained will be used for that purpose",that is an FDCPA violation and the voice mail will stand up in court.
As an aside, if at some point ACI employees vow to challenge my perspective on ACI. My points made are valid and strictly work related. I do not want to see any remarks on employees personal lives. They have no relevance to the topic at hand on this blog. Bud Hibbs had to unfortunately redact several posts of mine based on the inside of ACI operations because some moron made unsubstantiated references to Bob Duggan's personal life (that was not me for the record). Personally, I have no problem with Bob Duggan's personal life outside ACI. He seems like a respectable family man and lives a responsible life. So again, to the moron who posted unsubstantiated personal issues on Duggan, thanks for screwing up the blog for everyone affiliated with ACI to voice their perspective. I do understand some current employees will try and throw a smokescreen on my observations. The payscale (average $9-$12) is accurate and if you weren't indentured servants to ACI relying on them to feed your mouth, I guarantee you would agree that your rate of pay is substandard by Buffalo industry standards and you are shortchanging yourselves not looking for better and more lucrative options elsewhere. So don't bother posting any meely mouthed butt kissing post on how ACI is the best option financially for you. There are only a handful of employees making some $15/hr and bonusing on a regular basis. These few individuals will say ACI is a great way to make a living yadda yadda yadda,etc. That's fine, and you are also THE VAST MINORITY of employees. Most are unhappy with their pay and meager living situation and would jump ship if they could. But until they do, they are again indentured servants that will stick up for ACI because they HAVE TO so they aren't on the unemployment line. So in closing ACI employees, please make your posts nonbiased as possible.

"Fdcpaviolationswinner",

I never told anyone to send "cease and desist". That is mainly because that there is simply no such thing in debt collections. The FDCPA does not have any provision in it to send a "cease and desist".

The EXACT VERBAGE of the FDCPA and several state laws is "CEASE COMMUNICATIONS" request.

When preparing and sending LEGAL communications to protect your rights, proper terminology is essential. Wording is everything in the legal world.

Also be aware of the fact that each state has different laws on the use of recordings. Even an answering machine recording can get you in trouble if released to a third party without consent, and in most jurisdictions an anwering machine recorded message cannot be used in court as evidence without being validated as authentic. This involves caller ID/tel co records as well as voice analysis of the perpetrater to confirm identity of the offender.

It's not as easy as you suggest.

Most debt collectors will never leave a message on voicemail for that reason. That is why they keep calling back. They want to actually speak to someone. And if you record that conversation in some states without disclosure and consent, it could land you in jail, and/or fined.

The FDCPA in itself is a "toothless tiger" as there is no govenment agency that will enforce it on an individual basis. Complaints are not acted on until some magic number is reached.

The ONLY recourse an individual has, is to take it to court at their own expense. That is the problem.

"Fdcpaviolationswinner",

I never told anyone to send "cease and desist". That is mainly because that there is simply no such thing in debt collections. The FDCPA does not have any provision in it to send a "cease and desist".

The EXACT VERBAGE of the FDCPA and several state laws is "CEASE COMMUNICATIONS" request.

When preparing and sending LEGAL communications to protect your rights, proper terminology is essential. Wording is everything in the legal world.

Also be aware of the fact that each state has different laws on the use of recordings. Even an answering machine recording can get you in trouble if released to a third party without consent, and in most jurisdictions an anwering machine recorded message cannot be used in court as evidence without being validated as authentic. This involves caller ID/tel co records as well as voice analysis of the perpetrater to confirm identity of the offender.

It's not as easy as you suggest.

Most debt collectors will never leave a message on voicemail for that reason. That is why they keep calling back. They want to actually speak to someone. And if you record that conversation in some states without disclosure and consent, it could land you in jail, and/or fined.

The FDCPA in itself is a "toothless tiger" as there is no govenment agency that will enforce it on an individual basis. Complaints are not acted on until some magic number is reached.

The ONLY recourse an individual has, is to take it to court at their own expense. That is the problem.

"Fdcpaviolationswinner",

I never told anyone to send "cease and desist". That is mainly because that there is simply no such thing in debt collections. The FDCPA does not have any provision in it to send a "cease and desist".

The EXACT VERBAGE of the FDCPA and several state laws is "CEASE COMMUNICATIONS" request.

When preparing and sending LEGAL communications to protect your rights, proper terminology is essential. Wording is everything in the legal world.

Also be aware of the fact that each state has different laws on the use of recordings. Even an answering machine recording can get you in trouble if released to a third party without consent, and in most jurisdictions an anwering machine recorded message cannot be used in court as evidence without being validated as authentic. This involves caller ID/tel co records as well as voice analysis of the perpetrater to confirm identity of the offender.

It's not as easy as you suggest.

Most debt collectors will never leave a message on voicemail for that reason. That is why they keep calling back. They want to actually speak to someone. And if you record that conversation in some states without disclosure and consent, it could land you in jail, and/or fined.

The FDCPA in itself is a "toothless tiger" as there is no govenment agency that will enforce it on an individual basis. Complaints are not acted on until some magic number is reached.

The ONLY recourse an individual has, is to take it to court at their own expense. That is the problem.

"Fdcpaviolationswinner",

I never told anyone to send "cease and desist". That is mainly because that there is simply no such thing in debt collections. The FDCPA does not have any provision in it to send a "cease and desist".

The EXACT VERBAGE of the FDCPA and several state laws is "CEASE COMMUNICATIONS" request.

When preparing and sending LEGAL communications to protect your rights, proper terminology is essential. Wording is everything in the legal world.

Also be aware of the fact that each state has different laws on the use of recordings. Even an answering machine recording can get you in trouble if released to a third party without consent, and in most jurisdictions an anwering machine recorded message cannot be used in court as evidence without being validated as authentic. This involves caller ID/tel co records as well as voice analysis of the perpetrater to confirm identity of the offender.

It's not as easy as you suggest.

Most debt collectors will never leave a message on voicemail for that reason. That is why they keep calling back. They want to actually speak to someone. And if you record that conversation in some states without disclosure and consent, it could land you in jail, and/or fined.

The FDCPA in itself is a "toothless tiger" as there is no govenment agency that will enforce it on an individual basis. Complaints are not acted on until some magic number is reached.

The ONLY recourse an individual has, is to take it to court at their own expense. That is the problem.

Hey Steve, I am glad you have added your input to this blog. I know this is one of 6500 collection agencies in this country. However, with myself having firsthand knowledge on the dealings with ACI, I want consumers to know EXACTLY how this place operates from the inside. I've read your feedback on many different blogs here on ripoff and give you props for your insight. ACI is a paper tiger but the one place that needs to go down is United Collections Bureau. I just got a $500 check by contacting their head of compliance Jack Klein out of Miramar ,FL for an unlawful voice mail on my cell implying "lawsuit." I told them if there's strike 2, I'm going straight to federal court. I'm sure you can confirm that most 3rd party agencies are easily willing to cut you a check between $500 and $1000 for valid FDCPA violations on consumer voice mails or any recorded conversations for that matter. It saves them going out of state in most cases and risk paying atleast $1000 in FDCPA damages. I challenge you however Steve into filing cease and desist letters from a 3rd party agency like ACI that doesn't have legal recourses. It's better to gather 3-6 months of FDCPA violating voice mails and negotiating an out of court settlement with QA Manager Steve Moeller at ACI/American Coradius International. A consumer doesn't get paid for filing a cease and desist. If anything in my opinion, they can backfire on debts that aren't out of stats. The creditor can get antsy and expedite a lawsuit instead of bouncing the account from A B and C collection agency if they detect consumer savvy. Thanks for your input and hope to hear your point of view on my rebuttal.

From my extensive personal experience with debt collectors, debt collections and actually being on the wrong end of collections lawsuits 3 times, I can tell you exactly how it works in the real world.

Keep in mind, that I have no judgements against me and I have never paid a dime to any third party debt collector, and I have beaten all lawsuits. Most of the $170,000 in unsecured debt with 34 creditors is now past SOL, and is legally uncollectable.

With that in mind, here is how you deal with any third party debt collector regardless of whether they have the legal right to sue you or not. It makes no difference.

1. Stay off the phone. NEVER speak to any third party debt collector on the phone for any reason. It will NEVER produce positive results for you.

2. Upon first contact by any third party debt collector, send a CEASE COMMUNICATIONS request as per your rights under federal and state laws. Be sure to send this by certified mail, return reciept requested, and put the certified# on the letter itself and keep a copy for your records.

3. Never give a debt collector any information. The legal burden of proof is on them to prove you owe the debt TO THEM, it is NEVER on you to prove that you don't owe it TO THEM.

4. Deny Everything.

5. Learn proper terminology and your rights under the law. For example, there is no such thing under the FDCPA as "cease and desist".

6. Most third party debt collectors will not sue you, even if they have the legal right. It is simply not cost effective, as even if they sue and win, there is no guarantee they will ever actually see a dime. They know this. Now, you know it too.

The joke of what they call Quality Assurance is as followed. The head Manager of Quality Assurance is Steve Moeller. He's the one you call directly to negotiate an out of court settlement for FDCPA violations at 716-580-6102. The flunky beneath him who monitors calls is named Dan Reynolds. He never collected a lick at his previous employer Account Solutions Group but got his job from bowing to floor manager Bob Duggan,formerly of Account Solutions Group. This place allegedly gives collectors 3 FDCPA violation strikes in a calendar year before termination. However, several girls on their Providian credit card portfolio have tripled that but still have jobs. The inconsistencies on call monitoring are just the beginning. The pay scale is below industry standards (average hourly $9-$12/hour). This is a recipe for desperation tactics (FDCPA violations) in the collectors to try to bonus which few do on a consistent basis. Most of the staff is under 30 and still live off mommy and daddy's checking so they are content with their paltry pay and get a few giggles out of threatening uneducated debtors who don't know their FDCPA rights. Hope this site makes you realize this agency is a bottomfeeding breeding grounds for mostly unmotivated flunkies content with menial pay when many places within a five mile radius pay way more and have more recent and collectible paper. There are a few longtime employees who have consistently performed and have been continually undermined by the Account Solutions Group Management Team that swooped in in March of 2007. Two names that come to mind are Tom Mundier and Bill Barto at the Northtowns office. These two are way more knowledgeable and skilled than the Account Solutions Group handpicked staff from floor manager Bob Duggan that continually has unhappy collectors missing quotas on old to even out of stats paper. The place offers stability to Buffalo area rejects. Collectors who don't cut the mustard at most local agencies that give you 30-60 days to crap or get off the pot (you're fired!) come to ACI. Who else would be happy making $9-$10 and be able to live on a diet consisting of Ramen Noodles and bologna sandwiches? If you can fog a mirror and stroke Bob Duggan's ego, you keep your job regardless of how many months(even years) you miss quota on their zombie debts. One collector who has cubs initials KRI is the biggest beneficiary of the ACI favoritism. This collector missed quota for a year getting bounced around from Chase Auto, Bank One Circuit City and Federated Department Stores. Due to his friendship with Duggan, he was promoted to their idea of prime paper called credit max which is mostly Washington Mutual credit cards. Everyone in the office saw the favoritism and fraud behind that and it just drained what little credibility the management staff had.