Quick Answer: A consumer filed a CFPB complaint against Account Control Technology for threatening garnishment on federal student loans despite requesting forbearance due to unemployment. The complaint alleges ACT violated FCRA Section 807 by making false representations about legal action without proper authority or intent to proceed.
Date Received: 2018-04-20
Product: Federal student loan debt
Issue: Took or threatened to take negative or legal action
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Consumer Complaint: On XX/XX/XXXX I was continually being called on the telephone and harassed for a Student loan debt.
I was a XXXX at XXXX XXXX. I have been unemployed for several months. I do not receive unemployment or any monthly compensation. On XX/XX/XXXX I responded to XXXX and XXXX XXXX XXXX requesting to put my loans into no interest earning forbearance. Neither Company responded to my request and refused to contact me I contacted ACT concerning who is handling my loans. Instead I was sent a threatening Garnishment letter. According to the FCRA 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.
Company: Account Control Technology, Inc.
State/Zip: CA 906XX
Company Response to Complaint: Closed with non-monetary relief
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2880902
The above data is from the Consumer Financial Protection Bureau. Keep in mind that every company will get a complaint from time-to-time, even the great ones. But there are a few key data points that will give you an idea about how well the company values their customers and handles consumer issues.
Look at the item Company Response to Complaint: and Did Consumer Dispute Company Response: to get a better idea of how this was resolved. And the field Consumer Complaint: can give you some context of the issue.
In particular what you are looking for was that the company response was timely and that the consumer did not dispute it. The posting of complaints has proven to be a valuable resource for both companies and consumers.
Know Your Rights: If a debt collector is contacting you, you have legal protections. See the complete list of FDCPA violations collectors commit most often. Use the free Debt Validation Letter Generator to demand proof of the debt, or check this collector’s complaint history with the Scam-O-Meter.
Dealing With Debt? Before you pay a collector, understand all your debt relief options — including ones the collector won’t tell you about. If the debt feels unmanageable, take the 2-minute bankruptcy quiz to see if the math favors a fresh start. Federal Reserve research shows filers recover faster than those who don’t file.
