Unfair Debt Collection Lawsuit Hits Asset Acceptance LLC

In February, an Illinois resident filed an illegal debt collection lawsuit against debt collections agency Asset Acceptance LLC for violations of the Fair Debt Collection Practices Act (FDCPA).

Asset Acceptance is an infamous “debt buyer,” which purchases portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees, and more to make a profit.

The FDCPA violations lawsuit  alleges that the debt collection agency participated in unfair debt collection practices by violating FDCPA communication regulations in the attempt to collect on a consumer debt.

Plaintiff Yvonne M., a widowed senior citizen, alleges in the Asset Acceptance FDCPA debt collection abuse lawsuit that Asset Acceptance used illegal tactics to collect on an alleged consumer credit card debt, despite the fact that she exercised her rights pursuant to the FDCPA to refuse to pay the debt and to be represented by legal aid attorneys who advocate for seniors and people with disabilities.

According to the unfair debt collection practices lawsuit, Yvonne’s attorneys informed Asset Acceptance in writing that Yvonne was represented by counsel in regards to the alleged debt and directed Asset Acceptance to cease contacting her and stop all further collection activities, because Yvonne was forced by her financial circumstances to refuse to pay all unsecured debts, a protected legal right under federal law.

The FDCPA lawsuit further alleges that Asset Acceptance continued to send Yvonne collection letters directly to her, demanding payment of the debt, a violation of FDCPA section 1692c(c), which prohibits a debt collector from communication with a consumer after direction to cease communications and from continuing to demand payment of a debt that the consumer has indicated that they refuse to pay.

FDCPA Prohibits Certain Debt Collection Communication

The FDCPA prohibits certain types of abusive and deceptive conduct when attempting to collect a debt, such as:

• Failing to cease communication after receiving written notice that the consumer wishes no further communication or refuses to pay the alleged debt.
• Contacting a consumer known to be represented by an attorney.
• Communicating with a consumer after the debt collector receives a consumer’s written request to verify the existence and amount of the debt (the consumer must make the request within a 30-day validation period).
• Seeking unjustified amounts, which includes demanding any amounts not authorized by the agreement creating the debt or permitted by law.
• Reporting false information on a consumer’s credit report, including the failure to communicate that a disputed debt is disputed, or threatening to do so in the process of collection.

FDCPA Asset Acceptance Lawsuits

Asset Acceptance has been held liable for unfair, fraudulent and debt collection abuse practices like the ones listed above by courts throughout the United States.

Yvonne is seeking all actual and statutory damages and attorneys’ fees for Asset Acceptance alleged violation of the FDPCA. She has demanded a jury trial for this FDCPA lawsuit.

The Asset Acceptance FDCPA Lawsuit is Case No. 1:15-cv-01435, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

If you are being sued by Asset Acceptance LLC or its representatives, or are suffering debt collection harassment at the hands of Asset Acceptance, you may be able to file an unfair debt collection practices lawsuit.

Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt collection lawyers are investigating these companies, their debt collection practices may be legal.

Join a Free Unfair Debt Collection Class Action Lawsuit Investigation

If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.