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ACS Collection Services; PO Box 7051; Utica, NY - Cease and Desist Order and Order for Affirmative Sanctions
May 22, 2015
NOW COMES the Superintendent, State of Maine, Bureau of Consumer Credit Protection, and issues the following Order to Cease and Desist and For Affirmative Sanctions for costs of investigation:
WHEREAS Title 32 M.R.S. ? 11031(1) provides that a person or entity may not conduct the business of debt collection in this state without first being licensed by the Superintendent of the Bureau of Consumer Credit Protection; and
WHEREAS on February 3, 2015, the Bureau received a written complaint from J. A., a Maine consumer, regarding contact from a debt collector using the name of ACS Collections, purportedly located at P. O. Box 7051, Utica, NY 13504-7051; and
WHEREAS the consumer alleged that ACS Collections had made a collection call to her in connection with a loan which the consumer did not obtain; and
WHEREAS the consumer received correspondence from ACS Collections dated February 3, 2015, stating that they were representing ?Horizon Opportunities LLC? in the attempt ot collect a debt in the amount of $480; and
WHEREAS Bureau staff searched the Bureau?s debt collection licensing records and found no license for ACS Collections; and
WHEREAS Bureau staff sent a certified letter (copy attached) to ACS Collections at P. O. Box 7051, Utica, NY 13504-7051, the address obtained on the internet; and
WHEREAS the certified letter outlined the consumer?s allegations involving the telephone contact to the consumer by ACS Collections, along with a description of their written request for payment from the consumer; and
WHEREAS the certified letter from the Bureau was received by ACS Collections? representative ?David L. Jablonsky? on February 17, 2015; and
WHEREAS ACS Collections failed to respond to the Bureau?s certified letter;
NOW, THEREFORE, ACS Collections is hereby:
ORDERED to forthwith cease and desist all contact with Maine consumers for the purpose of collecting any debts until such time as it has obtained a debt collector?s license from the Bureau; and it is further
ORDERED to pay the sum of $500 to the Bureau within 30 days of the date of this Order for the costs of this investigation, pursuant to 9-A M.R.S ? 6-106(6) and 32 M.R.S. ? 11051.
| Date: May 20, 2015 | /s/William N. Lund |
| William N. Lund | |
| Superintendent | |
| Bureau of Consumer Credit Protection |
NOTICE OF APPEAL RIGHTS Any party aggrieved by this Order may appeal to the Superior Court pursuant to 5 M.R.S. ? 11001 et seq. within 30 days of receipt of this Order. Any other person aggrieved shall have 40 days from the date the Order was rendered to petition for review.
| Date: May 20, 2015 | /s/William N. Lund |
| William N. Lund | |
| Superintendent | |
| Bureau of Consumer Credit Protection |