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Atlantic Recovery Solutions

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

​Debt collection agencies can be intimidating, and it is often difficult to know whether their actions are violating your rights.

At Mike Agruss Law, we know dealing with creditors like Atlantic Recovery Solutions (ARS) can be overwhelming and frustrating. We are here to help stop the harassment and provide legal counsel. We’ve even been able to help some clients get their credit reports cleaned up and receive debt relief.

What is Atlantic Recovery Solutions?

Atlantic Recovery Solutions is a third-party debt collection agency based in Getzville, New York, that works on behalf of creditors in every sector, from auto loans to home loans to credit cards. If they are contacting you, they may be using multiple phone numbers to avoid people who screen their calls.

Founded in 2013, ARS has been accredited with the Better Business Bureau since 2015 and is licensed, bonded, and insured. However, while they boast happy customers on their website, it’s important to note their customers are the original creditors, not consumers like you.

A History of Complaints

When it comes to dealing with consumers, ARS has more than 120 complaints filed with the BBB. These complaints range from harassing phone calls to misrepresentation of debt.

ARS has had more than 27 lawsuits filed against them, and we have handled more than 15 of those since 2014. We are proud to have been able to step in and protect consumers from ARS’ predatory and harassing methods.

What Are My Rights if ARS is Contacting Me About a Debt?

Recognizing the toll debt collection harassment takes on a person, legislators have put protection of your rights in place.

Fair Debt Collection Practices Act (FDCPA)

In 1978, Congress passed the Fair Debt Collection Practices Act (FDCPA) to protect consumers from harassment and abuse by debt collectors. The act details your rights in a debt collection situation, outlines penalties for debt collection companies that violate your rights, and identifies the process of disputing the validity of a debt.

The FDCPA prohibits debt collection companies like ARS from doing the following:

  • Calling you excessively
  • Calling you between 9 P.M. and 8 A.M. your local time
  • Calling you at your work or on your cell phone if you’ve told them not to
  • Communicating with you after you have told them to stop
  • Misrepresenting their identity to make you believe they are a member of a law enforcement agency or other government entity
  • Misrepresenting your debt or their intended actions to collect the debt
  • Threatening you, your property, or your reputation
  • Failing to inform you of your rights
  • Sharing details of your debt with others
  • Bullying or intimidating you into paying your debt
  • Using foul or abusive language

If a debt collector such as ARS violates the FDCPA, you may be entitled to monetary damages up to $1,000 per violation.

Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA), passed in 1999, restricts telemarketers from using robocalls, commonly identified as calls placed with an automatic dialing system with a recorded voice message, to contact consumers.

In addition, the TCPA:

  • Forces companies to maintain a company-based Do Not Call registry
  • Forces companies to honor the national Do Not Call registry
  • Requires callers to identify themselves, their company, and their reason for calling
  • Prohibits calling to an emergency line, hospital emergency line, a doctor’s office, a hospital or elderly care room, a cell phone, or any other method that may invoke charges for the consumer

If ARS or another debt collection agency has violated your rights as outlined in the TCPA, you may be entitled to monetary damages up to $500 per violation, and if you can prove ARS violated your rights willfully, you may be entitled to up to $1,500 per violation.

Electronic Funds Transfer Act (EFTA)

Congress passed the Electronic Fund Transfer Act (EFTA) in 1978 to protect consumers making electronic payments from their bank accounts. This protection covered transactions at ATMs, point-of-sale terminals, automated clearinghouse systems, telephone bill-payment plans, and remote banking programs.

ARS and other debt collection agencies may tell you they can access your bank account and withdraw funds, but that is not true without a court order or your permission. If you give consent for them to make regular withdrawals from your account to pay down your debt, there are specific rules they must follow.

If you believe ARS or another agency made unauthorized withdrawals from your account or did not follow the rules outlined in the EFTA, you may be entitled to damages.

Fair Credit Reporting Act (FCRA)

Passed in 1970, the Fair Credit Reporting Act (FCRA) protects you from inaccurate information in your credit report, which can negatively impact your eligibility for loans, interest rates, and employment, ultimately costing you money.

Debt collection agencies such as ARS may report your debt to one of the credit agencies, meaning your debt shows up twice; once for the original creditor and once for them. You must make sure that both are removed from your credit report when you pay off the debt.

State Laws

In addition to the federal protections listed above, your state may have additional protections in place, which would allow you to add a state complaint to your federal complaint. Be sure to ask your attorney about what laws apply in your state that may boost your damages in a suit against ARS.

How We Can Help

If ARS or other debt collection agency is harassing you and violating your rights, the consumer protection lawyers at Mike Agruss Law want to help.

We will end the harassment immediately with a cease-and-desist notification. If, in reviewing your case, we see violations of any federal or state protection, we will work on your behalf to get you the damages you are owed.

The best part is we can do this without taking a cent from you. The FDCPA includes a fee-shift provision, which means if they are found guilty of violating your rights, a debt collection agency such as ARS must pay your attorney and court fees.

Contact us today for your free, no-obligation case evaluation to get relief from debt collection harassment.

 

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