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Asset Acceptance is a collection agency operating from an address of 28405 Van Dyke Avenue, Warren, MI 48093. Asset Acceptance is a purchaser and collector of charged-off consumer debt and was formed in 1962. Asset Acceptance has 1,400 associates across 10 offices in nine states.
According to PACER, Asset Acceptance LLC was sued 13 times in the United States District Court, Middle District of Florida, no less than 13 times for violation of the Fair Debt Collection Practices Act. So far in the calendar year 2013, Asset Acceptance LLC has been sued not less than four times under the Fair Debt Collection Practices Act just in the Middle District of Florida.
In Phillips v. Asset Acceptance, LLC, 2013 U.S. Dist. LEXIS 52600, decided; April 12, 2013, consumer-Phillips sued Asset Acceptance LLC for violations of the Fair Debt Collection Practices Act. The relevant facts were that Asset Acceptance is in the business of purchasing defaulted debts from businesses and then seeking to collect those debts from the debtors. On December 15, 2003, Phillips defaulted on a debt owed to Nicor Gas Company for the purchase of natural gas. On or about October 2, 2007, Asset Acceptance purchased Phillip's debt from Nicor Gas. On or about August 25, 2009, Asset Acceptance filed suit against Phillips in the Circuit Court of Cook County, Illinois, to collect the debt. Consumer-Phillips raised the statute of limitations as an affirmative defense on October 23, 2009. Asset Acceptance voluntarily dismissed the suit on December 17, 2009. The parties agreed that a collection suit accrues when the underlying account becomes delinquent, and therefore that Nicor Gas's collection claim against Phillips accrued on December 15, 2003. The parties further agreed that Asset Acceptance, upon purchasing Phillipa's debt from Nicor Gas,stepped into Nicor Gas's shoes for purposes of the accrual date. The parties disagreed, however, about the applicable statute of limitations for the collection suit. Phillips contended that because natural gas is a "good" within the meaning of§ 2-107 of the Uniform Commercial Code and that Asset Acceptance's collection claim was subject to the four-year statute of limitations imposed by§ 2-725 of the UCC. Asset Acceptance responded that because the UCC does not apply to utilities, its collection claim was subject to the five-year statute of limitations imposed by735 ILCS 5/13-205for actions on unwritten contracts. Asset Acceptance filed its collection suit against Phillips more than five years after its collection claim accrued. The Court found that the suit was untimely regardless of whether the limitations period is four or five years.
In trial from Polk County, Florida, in November of 2012, Asset Acceptance, LLC attempted to prove standing by offering an apparent Receivables Purchase Agreement between GE Money Bank Sales Finance and General Electric. The Court held that Asset Acceptance, LLC presented no binding authority that it had standing to pursue the case and the Court ruled in favor of the consumer.
The most recent case that was filed against Asset Acceptance LLC in United States District Court, Middle District of Florida was filed in January of 2013 and was brought by Donald Kovaleski, Jr. for violations of the Fair Debt Collection Practices Act for communicating false information to a credit reporting agency by adding charges that were not expressly authorized by the agreement creating the debt. Case 8:13-cv-00240-JDW-TBM.
If you are being sued by Asset Acceptance, LLC or its representatives, or are suffering debt collection abuse or harassment at the hands of Asset Acceptance, contact me at (888) 877-5103.
Are you being sued by Asset Acceptance, LLC?
If you are being sued by Asset Acceptance, or are suffering debt collection abuse or harassment at the hands of Asset Acceptance, contact me at (888) 877-5103 for a free consultation.
STARTED SINCE 1990
Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of Debt Collector Harassment by debt collectors and Medical Debt, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.