A collection agency based in Philadelphia and its owner have agreed to pay a $2.25 million civil penalty to settle an investigation by the
Federal Trade Commission over a laundry list of Fair Debt Collection Practices Act (FDCPA) violations and other unfair business practices.
The FTC announced the settlement Friday. The government agency noted that it is the largest civil penalty the FTC has received for a debt collection case.
Academy Collection Service, Inc. and owner Keith Dickstein agreed to the penalty to settle charges that the company and its collectors misled, threatened, and harassed consumers; disclosed their debts to third parties; and deposited postdated checks early, in violation of federal law. Dickstein was cited for not stopping the violations.
The FTC said in a statement that more than 1,000 complaints were filed against Academy with the FTC, various state attorneys general, the Nevada and Pennsylvania Better Business Bureaus, and the company itself, prompting an investigation. During the investigation, the FTC determined that Academy often ignored consumer complaints.
“These defendants are responsible for their debt collectors’ abusive practices,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection, in a statement. “They ignored people's complaints and rewarded the collectors who broke the law. This is not a business model that the FTC tolerates.”
Two other Academy officers, Edward L. Hurt III and Albert S. Bastian, were also named in the complaint, but did not participate in the settlement.
According to the FTC, Bastian and Hurt led Academy’s Las Vegas collection operation. Leonard Gordon, director of the FTC’s Northeast Regional Office – the office that filed the complaint – told insideARM that the FTC “was not able to reach a settlement with Bastian and Hurt.” The suits against the men are ongoing.
“The Las Vegas office was clearly the nexus for a lot of the [violating] activity,” said Gordon. “And these two men ran that office.”
In addition to the monetary penalty, Academy agreed to alter many of its business practices and refrain from certain activities such as misrepresenting debts to consumers, improperly communicating with third parties about a debt; using false, deceptive, or misleading representations in debt collection efforts; communicating with a consumer at any unusual time or place, including the workplace; or harassing, oppressing, or abusing any person in connection with debt collection.
Gordon noted that Academy “appeared to be making steps to correct their business practices.”
Calls to Academy were not returned.
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Comments
Comment from Anonymous on November 24, 2008 at 1:09PM EST
were these real violations or just normal fluff you usually see?
Comment from Anonymous on November 25, 2008 at 1:07PM EST
It sounds like this agency should have developed a strick compliance department.
Comment from Hundredfold on November 26, 2008 at 5:53PM EST
Making money is great, but at the expense of risking it all for few extra dollars is not worth it. Academy needs to invest in a compliance officer to keep them and all the rest of us out of FTC spotlight. What a valuable lesson to learn.
Comment from Pete on December 4, 2008 at 5:50PM EST
I had the displeasure of working for the las vegas branch and the FTC (this time) is 100% accurate with the charges. They had no compliance officer on site and their MGRs practice the same unscrupulous tactics. As indicated by Al B being implicated. They deserve the full force of this fine because of the negative light they've cast on our industry as a whole.
Comment from mike on December 15, 2008 at 12:46AM EST
Al Bastian (Albi) sorry to hear about this mess but Ed is getting everything he deserves. As a former employee of both men in the Las Vegas office I can say that Academy is a great compnay to work for and that Al is an honest man but again watch out for Ed. Any man that can fire an employee for taking his vacation time is nothing but scum, so Ed I hope they nail you to the cross along with your buddy Jeff.
Comment from Anonymous on December 24, 2008 at 6:37PM EST
I warned them the whole time I was there that this would happen. The problem was that Ed was convinced that he was smarter and slicker than the debtors,the attorneys, and the clients. Seriously, who lives in a $500k house and drives a scooter to work? That guy!
Comment from Anonymous on January 30, 2009 at 11:14PM EST
Al is just as shady. I dealt with him personally