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Atlantic Credit & Finance, Inc.

The Langel firm defends consumers against New York state court collection lawsuits brought by Atlantic Credit & Finance, Inc. In appropriate cases, we will also sue Atlantic Credit & Finance, Inc. for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.

As of January 2013, Atlantic Credit & Finance, Inc. has filed at least 3,520 cases in Kings County alone. Atlantic Credit & Finance, Inc. is represented by Forster & Garbus, LLP.

Atlantic Credit & Finance, Inc. purchases defaulted consumer debt to collect and sue on them. Its affiliated names include: Atlantic Credit & Finance Special Finance Unit, LLC, and Atlantic Credit & Finance Special Finance Unit III, LLC.

Atlantic Credit & Finance was sued in a class action in connection with its relationship with Velocity Investments, LLC. See blog post here.

Court Holds that Attorneys Representing Atlantic Credit & Finance, Inc. are not Excluded from the FDCPA

The district court in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011) denied a motion to dismiss FDCPA claims against Atlantic Credit & Finance Inc.'s attorneys. The plaintiff consumer alleged that Atlantic Credit & Finance Inc.'s attorneys sent a letter to plaintiff's attorney, seeking to recover on a previous suit against the consumer. The plaintiff alleged that this letter violated provisions of the Fair Debt Collection Practices Act, which prohibit use of false, deceptive or misleading representations, or unfair or unconscionable means to collect or attempt to collect any debt.

Atlantic Credit & Finance, Inc.'s attorneys sought to dismiss the plaintiff's FDCPA claims, arguing that the FDCPA does not regulate communications with a consumer's attorney, but rather only regulates communications with individual consumers. While there is a split of authority on this issue amongst the Circuits, this court found that the provisions in the FDCPA concerning deceptive representations are not limited to representations made directly to debtors. Because there is nothing in the text of the FDCPA indicating that attorneys are exempt from the class of parties to whom deceptive representations can be made, the court permitted the plaintiff consumer's FDCPA claims to go forward.

Atlantic Credit & Finance, Inc.'s Motion to Dismiss is Granted, with Court Drawing Careful Distinction Between "Debt Collectors" and "Creditors"

In Perry v. Capital One Bank (C.D. Ill. 2008), the court granted a motion to dismiss made by several defendants, including Atlantic Credit & Finance, Inc. The plaintiff consumer alleged that a law firm acting on behalf of Atlantic Credit & Finance, Inc. violated the FDCPA when it called the consumer's workplace and continued to call despite being notified to cease telecommunications. Unfortunately, the pro se debtor failed to allege facts showing Plaintiff's employer prohibited such communications.

Atlantic Credit & Finance, Inc. and several other defendants argued that the FDCPA claims against them should be dismissed because the FDCPA only applies to "debt collectors." The court found that the plaintiff failed to allege that Atlantic Credit & Finance, Inc. was a debt collector (as opposed to a creditor) drawing the distinction as follows: A "debt collector" is one who uses any instrumentality of interstate commerce in any business with a principal purpose of collecting debts, whereas a "creditor" is any person who offers or extends credit creating a debt or to whom a debt is owed.

Atlantic Credit & Finance, Inc. Biographical Information

Atlantic Credit & Finance, Inc. is a foreign business corporation incorporated in Virginia and is principally located at 2727 Franklin Road SW, Roanoke, Virginia, 24014. It is licensed (#1308695) by the Department of Consumer Affairs to collect debts in the City of New York. Atlantic Credit & Finance Special Unit, LLC (#1386828) and Atlantic Credit & Finance Special Unit III, LLC (#1386831) are licensed by the Department of Consumer Affairs to collect debts in the City of New York, as well.