Debt collectors like Alliant Capital Management LLC cannot harass you over a debt. You have rights under the law, and we will stop the unwanted calls once and for all.
THE BEST PART IS…
If a third party debt collector like Alliant Capital Management violated the law, you may be compensated for the damages and they will pay your attorney’s fees and costs. You won’t owe us a dime for our services. Plus, some of our clients also receive debt relief and cleaned-up credit reports. You have nothing to lose! Call us today at 888-572-0176 for a free case evaluation.
Who is Alliant Capital Management?
Alliant Capital Management is a debt collection agency based in Buffalo, New York. Founded in 2013, it is not accredited by the Better Business Bureau (BBB).
Alliant Capital Management’s Contact Information
Alliant Capital Management is located at 1965 Sheridan Drive, Suite 100, Buffalo, NY 14223. The main telephone number is 877-957-8122 and the main website is alliantcapital.net/.
Alliant Capital Management Debt Collection
Third party debt collectors work in a variety of ways, and not all are legal. Some may not offer a proper payment plan, and others may even send a “certified letter” to your home address that isn’t as official as it looks. Amidst a cost of living crisis and rising food prices, forcing many to cut back on spending, abusive debt collection practices only add to growing financial pressures. If you’re being unlawfully harassed, contact our attorneys today and we will put a stop to it.
Here are some relevant laws established by the United States government regarding unfair debt collection practices:
The Federal Trade Commission Act of 1914 established the Commission itself and its purpose: “Under this Act, the Commission is empowered, among other things, to (a) prevent unfair methods of competition, and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe trade regulation rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices; (d) conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and (e) make reports and legislative recommendations to Congress.”
The Fair Debt Collection Practices Act (FDCPA) is a federal law which applies to everyone in the United States and is enforced by the Federal Trade Commission (FTC). In other words, everyone is protected under the FDCPA, and this Act is a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things they must do while collecting debt. If Alliant Capital Management is harassing you over a debt, you have rights under the FDCPA.
The Telephone Consumer Protection Act (TCPA), first passed in 1991, protects against the use of prerecorded or artificial messages, as well as automatic dialing systems, by both the telemarketing and debt collection industry. A debt collector who utilizes either may be violating the Telephone Consumer Protection Act, for which victims may be entitled to compensation.
The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If Alliant Capital Management took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Like most traditional debt collection agencies, they want to set up recurring payments from consumers; if you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did Alliant Capital Management continue to take electronic payments after you told them to stop? Did they take more money from your checking account than you agreed to? If so, we can discuss your rights and potential case under the EFTA.
Several states also have laws to provide its citizens an additional layer of protection. For example, if you live in California, Florida, Michigan, Montana, North Carolina, Pennsylvania, Texas, or Wisconsin, you may be able to add a state law claim to your federal law claim. North Carolina, for example, has one of the most consumer-friendly statutes in the country: if you live in NC and are harassed over a debt, you may receive $500 – $4,000 in damages per violation. We work with a local counsel in NC and our NC clients have received some great results in debt harassment cases. If you live in North Carolina and are being harassed by debt collection agencies, you have leverage to obtain a great settlement.
What Our Clients Say about Us
“Michael Agruss handled two settlements for me with great results and he handled them quickly. He also settled my sister’s case quickly and now her debt is clear. I highly recommend Michael.”
“Michael was very helpful, they helped me solve my case regarding the unwanted phone calls. I would highly recommend them. Thank you very much Mike Agruss!”
“Mike Agruss Law was very helpful to me and my veteran father! We were harassed daily and even called names for a loan that was worthless! Agruss stepped in and not only did they stop harassing, they stopped calling altogether!! Even settled it so I was paid back for the problems they caused!”
Can this Business Sue Me?
Although anyone can sue anyone for any reason, we have not seen Alliant Capital Management sue consumers, and it’s likely that the agency does not sue because they don’t always own the debt they are attempting to collect (this would be considered “creditor harassment”), and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. Given that the agency’s collection efforts likely extend throughout the country, and some agencies even maintain customer support teams that are based in other countries, it would be quite difficult to have lawyers, or an entire firm, licensed in every state to pursue all those collection accounts.
However, while most collection agencies don’t sue consumers, there are still some who do. For example, Midland Credit Management is one of the largest junk-debt buyers, albeit using a broken debt collection model, and it also collects and sues on debt. Still, it is less likely for a legitimate collection agency to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If Alliant Capital Management has threatened to sue you, contact Mike Agruss Law as soon as possible.
Can Alliant Capital Management Garnish Wages?
No, unless they have a judgment. If Alliant Capital Management has not sued you, then the agency cannot get a judgment. Barring limited situations (usually involving debts owed to the government for student loans, taxes, etc.), third party collection agencies must have a judgment in order to garnish someone’s wages. In short, we have not seen this agency file a lawsuit against a consumer, so the agency cannot garnish your wages, minus the exceptions listed above. If a third party debt collector attempts to garnish your wages, contact our office right away.
Alliant Capital Management Settlement
If you want to settle a debt owed to a third party collector, ask yourself these questions first:
Do I really owe this debt?
Is it within the statute of limitations?
Is it on my credit report?
If I pay it, will Alliant Capital Management remove it from my report?
If I pay it, will the original creditor remove it from my report?
If I pay it, will I receive confirmation in writing from Alliant Capital Management for the payment and settlement terms for such debt?
These are not the only things to consider when dealing with debt collectors. We are here to help you answer the questions above, and much more. Whether it’s harassing collection calls (live or automated with a recorded message), voice mail, settlements, pay-for-delete, or other issues that affect your financial well-being, our legal team is here to help you.
Top Debt Collection Violations
Debt collection laws provide a laundry list of what a debt collection company and/or customer support team can and cannot do while collecting or managing debt. Based on our years of experience handling thousands of debt collection harassment cases, here’s what collection agencies most often do to violate the law:
Placing telephone calls about a debt that isn’t actually owed.
Called you at work after you told them you cannot receive calls at work.
Used obscene or profane language.
Left you voice mail or text messages without identifying the company’s name.
Left you a message without meaningful disclosure that the call is from a debt collector.
Called third parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
Disclosed to a third party (family, friends, coworkers, or neighbors) that you owe a debt.
Contacted you after you said to stop calling.
Threatened you with legal action, such as a lawsuit, wage garnishment, or even fraudulent legal documents or court papers.
Called you before 8:00 AM or after 9:00 PM.
Continued to call you after you have told the collector you cannot pay the debt.
Communicated (phone or letter) with you after you filed for bankruptcy.
Failed to mark the debt on your credit report as disputed after you disputed the debt.
Frequently Asked Questions
Do I have to pay your fees and costs for helping me with my consumer rights case?
No. Our lawyers handle consumer rights cases based on a fee-shift provision and/or a contingency fee. That means either the other side pays your fees and costs, or we take a percentage of your recovery. Whether it’s a fee-shift case or a contingency-fee case, we don’t get paid unless you get paid, and you’ll never owe us a penny for our time.
What are the damages I can get under the Fair Debt Collection Practices Act (FDCPA)?
If a collection agency violates any section of the FDCPA, you are entitled to damages up to $1,000.00. You may also be entitled to actual damages if the violation caused you out-of-pocket expenses. For example, if a collection agency threatens you with legal action to induce you to pay the debt, you may be able to get your payment back as actual damages.
What type of debt is covered under the FDCPA?
Only consumer debt, such as personal, family, and household debts, as well as student loan debt. For example, money owed on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets.
Does the Fair Debt Collection Practices Act apply to banks or credit card companies?
No. Only third party debt collectors are bound by the FDCPA. Original creditors, such as banks and credit card companies, and associated “original” debt (such as credit card debt) are not bound by the FDCPA.
Are there state laws that protect me from original creditors?
Yes! Several states also have laws that provide its citizens an additional layer of protection. If you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, or Wisconsin, you have additional state-law rights.
Are mistakes on credit reports common?
Yes! Are you one of the 40 million Americans who have a mistake on their credit report? Mistakes by credit reporting agencies can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes by credit bureaus may include someone else’s information on your report, inaccurate public records, a stale collection account, or maybe you were a victim of identity theft.
What do I do if I have a mistake on my credit report?
If you have a mistake on your credit report, there is a process to dispute them. My office will help you pull your report and dispute any inaccurate information. If a credit/consumer reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency pays your attorney’s fees and costs. Therefore, you will not pay me a penny for my time. To speed up the process, please get a free copy of your report at www.annualcreditreport.com.
Share your Alliant Capital Management Complaints Below
We encourage you to post your complaints about Alliant Capital Management. Sharing your complaints against this agency can help other consumers understand what to do when this company starts calling. Sharing your experience may help someone else!
HERE’S THE DEAL!
If you’ve been a victim of illegal debt collection practices, you may be entitled to compensation – up to $1,000 for harassment. Under state and federal laws, we will help you based on a fee-shift provision and/or contingency fee, which means the debt-collector pays your attorney-fees and court costs. You won’t owe us a dime for our services. We have settled thousands of debt harassment cases, and we’re prepared to help you, too, and ensure that your legal rights are protected. Contact Mike Agruss Law at 888-572-0176 for a free case evaluation, and we will stop the harassment once and for all.