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Asset Acceptance is a debt collection company that buys and sells debts from other creditors. They primarily focus on collecting debts that are past due or in default.
Asset Acceptance has faced numerous lawsuits and complaints over the years, including allegations of using high-pressure tactics to collect debts.
In some cases, Asset Acceptance has been accused of attempting to collect debts that are not theirs to collect, or that are outside the statute of limitations.
Asset Acceptance has also been known to use automated dialing systems to contact debtors, which can be seen as intrusive by some.
What Is Asset Acceptance?
Asset Acceptance is a Michigan-based debt collector and debt buyer that purchases old delinquent debts for pennies on the dollar. They then attempt to collect the debt in full, one-hundred cents on the dollar.
Debt buyers like Asset Acceptance often operate on an enormous scale, collecting debts under various names. In 2006, the ten largest debt buyers accounted for 81% of all bad debts purchased.
Asset Acceptance is one of the major debt buyers with revenues over $100 million, along with companies like Sherman Financial Group and Unifund.
The company reported a five year and longer time frame for collection of the defaulted debts it purchased, meaning financially distressed families were hearing from Asset Acceptance again for five or ten years.
Asset Acceptance purchased consumer debt portfolios with an original charged-off face value of over $32 billion for $746 million, or 2.32 cents on the dollar, from 1998 through 2007.
Controversy and Lawsuits
Asset Acceptance has been involved in several controversies and lawsuits over the years. Asset Acceptance has been known to sue consumers on time-barred debt, which is debt that is older than the applicable statute of limitations.
In 2006, a San Francisco man filed a small claims case against Asset Acceptance for violating the Telephone Consumer Protection Act of 1991 by failing to identify the company name in a pre-recorded voicemail message.
Asset Acceptance countersued, but the case was dismissed.
Asset Acceptance has also been accused of using misleading practices to collect debt, despite the prohibition of such actions under the federal Fair Debt Collection Practices Act (FDCPA) and state laws.
In 2012, the Federal Trade Commission (FTC) accepted a settlement against Asset Acceptance, including a $2.5 million penalty for several charges, including Asset Acceptance's practices regarding time-barred debt.
Asset Acceptance has a history of suing consumers who don't respond to their claims, with over 90% of all debt buyer lawsuits being "won" for this reason.
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Controversy and Lawsuit
Asset Acceptance has been involved in numerous controversies and lawsuits over the years. The company has been sued by consumers for allegedly violating the Telephone Consumer Protection Act of 1991 by failing to identify the company name in pre-recorded voicemail messages.
In 2010, Pulitzer prize-winning journalist Liz Pulliam Weston reported that the company, along with other debt buyers, brought a flood of lawsuits against consumers, with over 90% of these cases being won by the debt buyers simply because the defendants didn't respond.
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Asset Acceptance has also been taken to court by the Federal Trade Commission (FTC) for its practices regarding time-barred debt. In 2012, the company agreed to a settlement that included a $2.5 million penalty.
Here are some key statistics about Asset Acceptance's lawsuit history:
- Over 90% of debt buyer lawsuits brought by Asset Acceptance and other companies were won by the debt buyers due to lack of defendant response.
- $2.5 million penalty imposed on Asset Acceptance by the FTC in 2012 for its practices regarding time-barred debt.
Misrepresentation Claims
Asset Acceptance, LLC has faced multiple legal actions accusing them of misrepresentation in their debt collection efforts.
The company has been accused of falsely portraying ownership of debts it did not possess.
This is a serious issue, as it can lead to debtors being sued for debts they don't actually owe.
Allegations include falsely portraying ownership of debts that formed the basis of lawsuits against debtors.
This can cause significant emotional and financial distress for those affected.
Attempts to collect on debts beyond the statute of limitations have also been reported in multiple lawsuits.
This is a clear violation of the law and can have serious consequences for debt collectors.
Prove Lawsuit Was Filed Within Statute of Limitations
Make Asset Acceptance LLC prove the lawsuit was filed within the statute of limitations. This is a crucial step in defending yourself against debt collection lawsuits.
Many debt collection companies assume people won't respond to collections lawsuits and will obtain a default judgment. This can lead to expired statute of limitations, which prohibits debt collectors from suing.
In most states, a debt collector only has a finite amount of time to sue for an alleged delinquent debt. If this time has passed, the debt collector is legally prohibited from suing.
If it turns out that the statute of limitations expired, you can raise it as an affirmative defense to file a motion to dismiss the lawsuit entirely.
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Settling with Asset Acceptance
You can negotiate debt settlement at any stage of the collections process with Asset Acceptance LLC. They have a phone number, (800) 296-2657, and address, P.O. Box 939069, San Diego, California 92193, where you can reach out to discuss your options.
To negotiate a debt settlement, it's essential to calculate what you can reasonably pay towards the balance of the debt. This will give you a guidepost for your settlement talks with Asset Acceptance.
Make a fair offer, lower than the amount you calculated, to leave room for negotiation. This can be done via a debt settlement letter, phone call, or through a service like SoloSettle. It's also crucial to engage in written settlement communications with Asset Acceptance LLC.
Asset Acceptance may decline your initial offer, which is a normal part of the process. Be ready to engage in a back-and-forth with the debt collector to reach a settlement agreement.
Once you've reached an agreement, get it in writing and make sure both you and the debt collector sign the agreement. To avoid future legal issues, be sure to abide by the terms of the agreement and make your payments on time.
Here are the steps to negotiate a debt settlement with Asset Acceptance LLC:
- Calculate what you can reasonably pay towards the balance of the debt.
- Make a fair offer, lower than the amount you calculated.
- Be ready to negotiate and engage in a back-and-forth with the debt collector.
- Get the agreement in writing and sign it.
- Pay the agreed amount in time.
Who Collects and How
Asset Acceptance LLC collects debts from various sources, including credit card companies, utility providers, and consumer finance companies.
They specifically pursue collections on portfolios of distressed debt purchased from these types of companies.
Federal Protection and Credit Score
In the US, the Federal Trade Commission (FTC) regulates debt collection, including Asset Acceptance. The FTC requires debt collectors to provide clear and accurate information about the debt and the debt collector.
Asset Acceptance must inform consumers of their right to dispute the debt and to request validation of the debt. This is a crucial step in protecting consumers from unfair debt collection practices.
If you're struggling to pay your debt, the FTC advises you to contact Asset Acceptance directly to discuss possible payment plans or settlements.
Federal Collection Laws Protect You
Federal collection laws are in place to protect you from unfair debt collection practices. These laws are enforced by the Federal Trade Commission (FTC).
The Fair Credit Reporting Act (FCRA) is a federal law that requires credit bureaus to investigate disputes and remove any inaccurate information from your credit report. This includes Experian, Equifax, and Transunion.
You have the right to dispute any information on your credit report, and credit bureaus must respond within 30 days. If the information is found to be inaccurate, it will be removed from your report.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from engaging in abusive or harassing behavior. This includes calling you repeatedly, using profanity, or threatening to sue you.
Some specific actions that debt collectors cannot take include:
- Calling you before 8am or after 9pm
- Threatening to sue you or report you to the authorities
- Using abusive or profane language
- Contacting your employer or family members to collect a debt
If you feel that a debt collector has violated the FDCPA, you can file a complaint with the FTC.
How to Improve Your Credit Score
Improving your credit score can be a daunting task, but it's essential for securing loans, credit cards, and even renting an apartment.
Managing debt is a crucial step in improving your credit score. According to the article, debt has a big impact on your credit, and knowing how to deal with debt collections is vital.
Curious to learn more? Check out: Will Paying off Debt in Collections Help My Credit Score
There are several ways to repair your credit with debt collections, including understanding the pros and cons of credit cards and using them wisely, as outlined in the article.
To improve your credit score, you can start by checking your credit report for errors and disputing them if necessary. The article provides a sample credit report dispute letter to help you with this process.
Another way to improve your credit score is to consider debt consolidation or settlement, but be aware that these options can have varying effects on your credit score. The article compares bankruptcy vs debt settlement to help you make an informed decision.
It's also essential to understand how credit score calculations work and how you can raise your score quickly. The article explains how to raise your credit score 40 points fast and provides guidance on how long it takes to improve your credit score after debt settlement.
Here are some key factors to consider when improving your credit score:
- Managing debt collections effectively
- Understanding credit card usage and credit score calculations
- Disputing errors on your credit report
- Considering debt consolidation or settlement options
By following these steps and staying informed, you can take control of your credit score and improve it over time.
Resources and Guidance
If you're struggling to manage your assets, there are resources available to help.
Asset Acceptance, a debt collector, offers a hardship program that can temporarily suspend payments or reduce the amount owed.
For those who are dealing with debt, it's essential to understand the laws surrounding debt collection. In the United States, the Fair Debt Collection Practices Act (FDCPA) regulates how debt collectors can interact with consumers.
You can file a complaint with the Consumer Financial Protection Bureau (CFPB) if you feel a debt collector is violating these laws.
Worth a look: International Debt Collection Laws
Read Reviews Online
Reading reviews online can give you a better understanding of what to expect when dealing with Asset Acceptance LLC. You can find reviews on Google and the Better Business Bureau.
Asset Acceptance LLC reviews are mixed, with some good and some not-so-good reviews. However, this shouldn't deter you from trying to resolve your debt collection matter.
To get started, you can check out the reviews on Google and the Better Business Bureau. Effective communication is key to resolving debt issues with debt collectors like Asset Acceptance LLC.
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Guidance from New York Attorneys
If you're dealing with debt collection issues in New York, it's essential to seek guidance from a proficient attorney. Consult with a seasoned attorney from a reputable firm to explore defense strategies.
Should a collection agency like Asset Acceptance, LLC sue you, it's crucial to have a lawyer on your side. A good attorney can help you navigate the situation and protect your rights.
You may have the option to counter-sue the collection agency, which can be a powerful defense strategy. To learn more about this option, consult with a knowledgeable attorney.
If you're facing debt collection issues, don't hesitate to reach out to a trusted law firm. They can provide you with a complimentary case evaluation to help you understand your situation.
A good attorney can help you explore all your options and make informed decisions about your case. They can also represent you in court if necessary.
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The News
Asset Acceptance made headlines in January 2011 when the Federal Trade Commission sued them for violating several federal Acts.
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The FTC charged Asset Acceptance with misrepresenting ownership and validity of debts, among other things.
Asset Acceptance was accused of failing to disclose that debts too old are legally unenforceable, which is a crucial piece of information for consumers.
They were also charged with reporting false information to the credit agencies while knowing or having reasonable cause to believe that the information is inaccurate.
In addition, Asset Acceptance failed to notify consumers when it provided negative information to credit reporting agencies, which can have serious consequences for a person's credit score.
The FTC also alleged that Asset Acceptance made material misrepresentations about debts it couldn't back up with valid proof.
Here are some of the specific charges brought against Asset Acceptance:
- Misrepresenting ownership and validity of debts
- Failing to disclose that debts too old are legally unenforceable
- Failing to disclose the fact that partial payment extends the statute of limitations
- Reporting false information to the credit agencies
- Failing to notify consumers when it provided negative information to credit reporting agencies
- Failing to conduct reasonable investigations when consumers disputed its negatively reported information
- Contacting third parties to harass and intimidate debtors
- Misrepresenting information about the debt
- Failing to verify debts when consumers disputed them in writing
Frequently Asked Questions
Is asset acceptance still in business?
No, Asset Acceptance is no longer servicing accounts. Its accounts have been transferred to Midland Credit Management, Inc.
Can asset acceptance garnish my wages?
Yes, if a default judgment is entered against you, Asset Acceptance LLC can garnish your wages. This is one of the potential consequences of a default judgment.
Sources
- https://en.wikipedia.org/wiki/Asset_Acceptance
- https://www.solosuit.com/posts/beat-asset-acceptance-llc
- https://www.reportcollectionabuse.com/collection-harassment/find-a-debt-collector/asset-acceptance/
- https://www.thelangelfirm.com/debt-collector-list/asset-acceptance-llc/
- https://www.apierrelaw.com/debt-collection-defense/asset-acceptance-llc
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