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TRAK America

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 collectors like TRAKAmerica cannot harass you over a debt. You have rights under the law, and we will stop the harassment once and for all.

THE BEST PART IS…

If TRAKAmerica violated the law, you will get money 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 consultation.

Who is TRAKAmerica?

TRAKAmerica is a third-party debt collection agency based in Bonita Springs, Florida, with an additional office in Richmond, Virginia. Founded in 2000, TRAKAmerica maintains a network of five collection agencies and eighty law firms, servicing all 50 states, but is not accredited by the Better Business Bureau (BBB).

TRAKAmerica’s Address, Phone Number, and Contact Information

TRAKAmerica is located at 27500 Riverview Center Blvd., Suite 200, Bonita Springs, FL 34134. The toll-free telephone number is 855-400-3889 and the main website is https://trakamerica.com/

Phone Numbers Used by TRAKAmerica

Like many debt collection agencies, TRAKAmerica may use many different phone numbers to contact debtors. For an advanced search, visit www.agrussconsumerlaw.com/ and click “Number Search” in the “Lookup” dropdown menu. Here are some phone numbers TRAKAmerica may be calling you from:

  • 800-777-2602
  • 954-623-5180

TRAKAmerica Lawsuits

If you want to know just how unhappy consumers are with TRAKAmerica, take a look at the lawsuits filed against the agency on the Public Access to Court Electronic Records (“PACER”). PACER is the U.S.’s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display 7 lawsuits filed in the U.S., and these typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act (FDCPA).

TRAKAmerica Complaints

The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to everyone in the United States. 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 TRAKAmerica is harassing you over a debt, you have rights under the FDCPA.

The Telephone Consumer Protection Act (TCPA) protects you from robocalls, which are those annoying, automated, recorded calls that computers make all day long. You can tell it’s a robocall because either no one responds on the other end of the line, or there is a delay when you pick up the phone before a live person responds. You can receive $500 per call if TRAKAmerica violates the TCPA. Have you received a message from this agency that sounds pre-recorded or cut-off at the beginning or end? These are tell-tale signs that the message is pre-recorded, and if you have these messages on your cell phone, you may have a TCPA case against the agency.

The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If TRAKAmerica took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. TRAKAmerica, like most collection agencies, wants to set up recurring payments from consumers; imagine how much money it can earn if hundreds, even thousands, of consumers electronically pay them $50 – $100 or more per month. If you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did TRAKAmerica 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 a potential case under the EFTA.

The Fair Credit Reporting Act (FCRA) works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. We’ve handled many cases in which a debt collection agency reported debt on a consumer’s credit report to obtain leverage over the consumer. If TRAKAmerica is on your credit report, they may tell you that they’ll remove the debt from your credit report if you pay it; this is commonly known as “pay for delete.” If the original creditor is on your report rather than the debt collector, and you pay off the debt, both entities should accurately report this on your credit report.

Several states also have laws to provide their 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 above. 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 collection harassment cases. If you live in North Carolina and are being harassed by a debt collector, you have the leverage to obtain a great settlement.

How do we Use the Law to Help You?

We will use state and federal laws to immediately stop TRAKAmerica’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if TRAKAmerica violates the FDCPA, EFTA, FCRA, or any state law, you may be entitled to money damages. For example, under the FDCPA, you may receive up to $1,000 in damages plus actual damages. The FDCPA also has a fee-shift provision, which means the debt collector will pay your attorney’s fees and costs. If you have a TCPA case against the agency, we will handle it based on a contingency fee and you won’t pay us a dime unless you win.

THAT’S NOT ALL…

We have helped thousands of consumers stop phone calls. We know how to stop the harassment and get you money damages. Once again: you will not pay us a dime for our services. We will help you based on a fee-shift provision and/or contingency fee, and the debt collector will pay your attorney’s fees and costs.

What if TRAKAmerica is on my Credit Report?

Based on our experience, some debt collectors may credit-report, which means one may mark your credit report with the debt they are trying to collect. In addition to or instead of the debt collector, the original creditor may also be on your credit report in a separate entry, and it’s important to properly identify these entities because you will want both to update your credit report if or when you pay off the debt.

THE GOOD NEWS IS…

If TRAKAmerica is on your credit report, we can help you dispute it. Mistakes on your credit report 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 may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or even being a victim of identity theft. If you have a mistake on your credit report, there is a process to dispute it, and my office will help you obtain your credit report and dispute any inaccurate information.

REMEMBER…

If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000, and 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 will pay your attorney’s fees and costs. You won’t owe us a dime for our services. We have helped hundreds of consumers fix inaccurate information on their credit reports, and we’re ready to help you, too.

What Our Clients Say About Us

Mike Agruss Law has over 825 outstanding client reviews through Yotpo, an A+ BBB rating, and over 110 five-star reviews on Google. Here’s what some of our clients have to 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.”

“Mike Agruss Law was very helpful, they helped me solve my case regarding the unwanted 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 all together!! Even settled it so I was paid back for the problems they caused!”

Can TRAKAmerica Sue Me?

Although anyone can sue anyone for any reason, we have not seen TRAKAmerica 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, and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. It’s also likely that the agency collects debt throughout the country, and it would be quite difficult to have lawyers, or a law firm, licensed in every state. However, there are collection agencies that do sue consumers; for example, Midland Credit Management is one of the largest junk-debt buyers, and it also collects and sues on debt. Still, it is less likely for a debt collector to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If TRAKAmerica has threatened to sue you, contact Mike Agruss Law as soon as possible.

Can TRAKAmerica Garnish my Wages?

No, unless they have a judgment. If TRAKAmerica 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.), a company 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 TRAKAmerica has threatened to garnish your wages, contact our office right away.

TRAKAmerica Settlement

If you want to settle a debt with TRAKAmerica, ask yourself these questions first:

  1. Do I really owe this debt?
  2. Is this debt within the statute of limitations?
  3. Is this debt on my credit report?
  4. If I pay this debt, will TRAKAmerica remove it from my credit report?
  5. If I pay this debt, will the original creditor remove it from my credit report?
  6. If I pay this debt, will I receive confirmation in writing from TRAKAmerica for the payment and settlement terms?

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 harassment, settlement, pay-for-delete, or any other legal issue with TRAKAmerica, we at Mike Agruss Law are here to help you.

Top Debt Collection Violations

Debt collection laws provide a laundry list of what collectors can and cannot do while collecting a 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:

  1. Called you about a debt you do not owe.
  2. Called you at work after you told them you cannot receive calls at work.
  3. Left you a message without identifying the company’s name.
  4. Left you a message without disclosing that the call is from a debt collector.
  5. Called third-parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
  6. Disclosed to a third-party (family, friends, coworkers, or neighbors) that you owe a debt.
  7. Contacted you after you said to stop calling.
  8. Threatened you with legal action (such as a lawsuit or wage garnishment).
  9. Called you before 8:00 AM or after 9:00 PM.
  10. Continued to call you after you have told the collector you cannot pay the debt.
  11. Communicated (phone or letter) with you after you filed for bankruptcy.
  12. Failed to mark the debt on your credit report as disputed after you disputed the debt.

Frequently Asked Questions

  1. Do I have to pay your fees and costs for helping me with my consumer rights case? No. We 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.

  2. What are the damages I can get under the Fair Debt Collection Practices Act? 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.

  3. What are the damages under the Telephone Consumer Protection Act? You can get $500 per robocall, or $1,500 per robocall if the robocalls were willful. In any type of settlement, Defendants often pay much less than $500 per call. However, if there are 50 calls at issue, even at $250 per call, your case could settle for $12,500.00.

  4. What type of debt is covered under the Fair Debt Collection Practices Act? Only consumer debt, such as personal, family, and household debts. For example, money you owe 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.

  5. 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, are not bound by the FDCPA.

  6. Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide their 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.

  7. Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans who have a mistake on their credit report? Mistakes on your credit report 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 may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft.

  8. 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 credit report and dispute any inaccurate information. If a credit 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 credit report at www.annualcreditreport.com. You can also learn more about the FCRA and your rights at http://www.agrussconsumerlaw.com/practices/common-credit-report-errors/

Share your Complaints against TRAKAmerica Below

We encourage you to post your complaints about TRAKAmerica. 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 are being harassed by TRAKAmerica over a debt, you may be entitled to money damages – up to $1,000 for harassment, and $500 – $1,500 for illegal robocalls. 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’s fees and costs. You won’t owe us a dime for our services. We have settled thousands of debt collection harassment cases, and we’re prepared to help you, too. Contact Mike Agruss Law at 888-572-0176 to stop the harassment once and for all.

 

Submitted Comments

April
5 years ago
Boa charged off debt and told me they gave it to trakamerica who then gave it to a debt collector lawfirm who claims they represent boa. But it also says they are debt collectors. I question if you can act as a debt collector and an attorney for original creditor at the same time nowhere in the summons and complaint is the name Trak America. I feel it is a misrepresentation of party
Tina
4 years ago
They have been taking money for a debt that my ex husband has taken my credit card and maxed it out then.. I have tried several times to contact them with no response from them concerning the balance.. I have called left messages email them and I still have yet to hear from them I was going to stop payment because I believe that the debt has been paid in full but they are still taking payments
sonya
4 years ago
I had a private student loan with Navient form 1/29/2008 (Closed 2009). My co-signer passed away on 12/31/13. I was looking to purchase a home and this appears on my credit however when I contacted them today (1/15/20) I was told that my account was charged off on 8/31/2016 and It was transferred to Trak America. I contacted them & they asked for my personal info & tried to explain that my account was in the process of being sent to a company or attorney. What possible steps can I make.
Veronica
4 years ago
They are trying to take me to court to garnish my wages for Bank of America (BOA). Bank of America has charged off my account.
Hector
4 years ago
Hi, my name is Hector and I'me emailing since I have a colletion with LVNV about a debt of $1,731.33 from credit one bank. The point is that now Track America has the account and they just sent me a letter from Screiber Law, LLC with intentions to sue me. I would like to hear from you, so I could find out about my option. I hope to hear from you soon. Thank you and have a nice day. Hector
Zahra
3 years ago
Boa charged off debt that doesn’t belong to me and told me they gave it to trakamerica who then gave it to a debt collector lawfirm who claims they represent boa. But it also says they are debt collectors. I question if you can act as a debt collector and an attorney for original creditor at the same time nowhere in the letter mailed by the attorneys office does it list being retained by Trak America which I who BOA indicated they have hired to obtain collections. I feel it is a misrepresentation of party.
Mary
2 years ago
I tried to get a hold of Resurgent to pay my diluent account that has been sent to collection. I even went to court over this. I have no problem paying it. But I now have no idea who has it or who I need to pay.
Michael Agruss
2 years ago
Hi Mary. I would be confused too and I can definitely understand your frustration. It can be very annoying to try and take care of your responsibilities only to have your efforts spoiled by confusion and double-talk. I would be happy to speak with you about this debt and how you can find out who to pay. Give me a call at 888 572 0176 and let's chat. Thanks, Mike
Michael Agruss
2 years ago
Hi Zahra. I'm going to give you a call to discuss your debt and Trak America/BOA/ and the debt collection law firm and we can discuss if they are misrepresenting themselves in pursuit of your debt. You can also contact me at my office at a more convenient time for you. Thanks, Mike
Michael Agruss
2 years ago
Hi Hector. I would like to see the letter that you were sent from Screiber Law, LLC. You can email me at [email protected]. I can review it and then give you a call to chat about your options. I will be in touch. Thanks, Mike
Michael Agruss
2 years ago
Hi Veronica. Have you been served papers by Trak America/ BOA? If so, you can email them over to my office at [email protected]. I can review them and then contact you to discuss your options. Thanks, Mike
Michael Agruss
2 years ago
Hello Sonya. I'm going to give you a call to discuss what steps you can take in dealing with your private student loan debt and Trak America claiming that your account is being sent to an attorney. We can also discuss the law and your rights in a free, no-obligation consultation. Thanks, Mike
Michael Agruss
2 years ago
Hi Tina. If you suspect that your ex-husband has stolen your credit card, you may want to consider filing charges for identity theft. You can also let the credit reporting agencies what happened, as well as the company that you have the credit card through. Do you have statements on how much was charged and how much was paid? If you do, you can email them to me at [email protected]. I will look them over and give you a call so we can discuss what option you have. Thanks, Mike
Michael Agruss
2 years ago
Hi April. Give me a call to discuss your issues with BOA. I would be happy to talk this over with you in more detail. Thanks, Mike 888 572 0176
Ida
2 years ago
My private loans are in collections with Trakamerica and I need help negotiating this debt.
Michael Agruss
2 years ago
Hi Ida. I am going to call you so we can speak about your private loans that are in collection with TrakAmerica and discuss what options you may have in dealing with this debt. Thanks, Mike
Eric
11 months ago
I was trying to make a payment online and the company I was dealing with sent me this: Hello Eric, Thank you for contacting us about your account ending in 2399 (Resurgent ID 696960725). Due to the nature of your account, it is not accessible online. Your account is being serviced by Trakamerica. Please contact them at 855-400-3889 for further assistance. Thank you, Lamaria Suber Resurgent Capital Services, L.P. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. So I am trying to find out what I do to set up a payment agreement with you now? Thanks, Eric Jacques
Lev
10 months ago
Hey, so I found that my debt is now managed by Trakamerica, but they don\'t even have a website where I can log in and manage my debt or payment plans. Looks sketchy, it says that if I\'m a customer I only allowed to call them not even e-mail😏 What do I do? I don\'t even have them as an owner of my debt on my credit report. And my previous collection LVNV Funding LLC also refuse to let me to log in and manage my debt \"due to its nature\", is that rightful? And I just recently got spammed with a calls, if it\'s Trakamerica - I never expressed my consent to them that I wanna be called. My credit report doesn\'t show that they are my debtors.
kristan rea
4 months ago
they are sending people every other day in my house and a sheriff.
Morgan
3 months ago
Hello I just got a email from my job stating I was getting my wages garnished. I never got anything about being sued. When I call NCB management service they say trakamerica has it. How am I getting garnished when I was never notified I was getting sued? Can you please help
Christine
2 months ago
You have an account of mine i would like to make a payment on.
Alvin
2 months ago
I was told you took possession of my account
Mary
2 months ago
TRAK America Told me they sued me for a debt

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