Letter back from AG Rep On Asset Acceptance

[TwoFaced]

This was the response from a complaint email I sent this weekend about the collection practices of AA for double report, reaging accounts and suing past the SOL.

Re: Asset Acceptance Complaint

Dear Mr. Debtor:

This is in response to your e-mail to Attorney General Bob McDonnell’s Office concerning a debt collection issue. We regret the circumstances that prompted you to contact our Office but we appreciate the opportunity to be of service to you in this matter.

First, let me begin by explaining the role of the Office of the Attorney General so you can better understand the handling of your complaint. This Office enforces state and federal consumer protection and antitrust laws. When there is a pattern of deception or other wrongdoing, the Attorney General is authorized to take action to stop the illegal conduct, and, where appropriate, seek refunds for affected consumers. Although individual complaints play an important role in notifying the Attorney General about possibly deceptive or otherwise illegal practices taking place in Virginia, which can lead to enforcement actions or legislative initiatives, the Attorney General’s Office is not the central clearinghouse for consumer complaints in Virginia. Accordingly, we initially refer most complaints of this nature to the appropriate state agency for handling.

Having said this, Va. Code Section 8.01-246 may apply to your situation. There is a provision in 8.01-249 that says in actions on an open account the cause of action accrues from the later of the last payment or last charge for goods or services rendered on the account – Va. Code 8.01-249(8). There are also Virginia statutes such as Title 6.1 that relate to money and interest. You may view these and all other Virginia statutes online by visiting the Virginia General Assembly’s Legislative Information System. The direct link to Title 6.1 is: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC06010000007000030000000 and the link to Chapter 4 of Title 8.01 – Limitation of Actions is http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC08001000004000000000000. For interpretation of these laws you should consult with a private attorney.

As you may already know, the federal Fair Debt Collection Practices Act (“FDCPA”) provides protections to consumers in their dealings with third-party debt collectors who collect debts owed to others. The governmental entity having the most complete authority to enforce the requirements of the FDCPA is the Federal Trade Commission ("FTC"). Although information provided by the FTC indicates complaints can be filed with the FTC and your Attorney General’s Office, in Virginia, most complaints, including those concerning violations of the FDCPA, are initially filed with the Virginia Office of Consumer Affairs (“OCA”). Click on this link to see a brochure published by the FTC about the FDCPA: http://www.ftc.gov/bcp/conline/pubs/credit/fdc.pdf.

You may file a complaint with the FTC (by going to their web site: www.ftc.gov) and with the Virginia Office of Consumer Affairs ("OCA"). The OCA is a separate state agency that is responsible for attempting to resolve complaints against companies doing business in Virginia. If the OCA has reason to believe a pattern or practice of deception, or other wrongdoing, in violation of any of our consumer protection statutes is occurring, it has authority to investigate and to refer its findings to this Office and to other governmental offices for an appropriate enforcement action.

Please understand that before it can initiate an inquiry on your behalf, the OCA must receive an OCA complaint form completed and signed by you. Signing the form authorizes the OCA to act on your behalf and assures the OCA that you are aware that any information submitted to the OCA is public information subject to the Freedom of Information Act. The OCA complaint form as well as additional information about the OCA is available on their web site: http://www.vdacs.virginia.gov/consumers/index.html.

In closing, I hope the information we have provided is helpful to you.

Reps Name

Legal Assistant/Consumer Specialist Senior

Office of the Attorney General

900 E. Main St.

Richmond, VA 23219

[MadinKS]

Well, have you started the complaint process w/the OCA yet? I'd be all over that like a rat on a cheeto. Let us know what the OCA says. Good luck.

[TwoFaced]

LOL...I just read the letter and copy/pasted here...however I have to fill it out and mail it UGGG..no online complaint systme for this :S

But yes, after I eat my dinner I plan on filling it out. I suggest anyone in the state of Virginia do the same, even more if you have complaints about Asset Acceptance...we can bom-bard them with complaints....jajaja

TwoFaced

[MadinKS]

My complaint about ASSet is going to come from KS, but it's coming. Just waiting on their explanation of the re-aging. If it's not deleted, hell, even if it's deleted, I'm filing with whoever will listen. Best of luck w/yours.

[SecretAgentWoman]

I'd be all over that like a rat on a cheeto.

Mmmmm....cheetos.

'Scuse me, I need to complain to my own AG's office...