November 2009 Just wanted to let you know your information regarding ownership of AFNI is incorrect, please refer to Afni's history @ Afniupsourcing.com. In 1995, Bruce Griffen & Ron Green purchased Afni from Earl Anderson and the corporate office is located at 404 Brock Dr. in Bloomington. Good luck in future claims against Afni. Oh, by the way, it is not currently nor has it ever been Afni's policy to sue any consumer for collections on a debt. Statue of limitations on debts DO NOT EXPIRE. Thanks for your time.
Thanks, but we can't see where this differs from our information above?
May 2009
I just got a letter from AFNI again after disputing an
account. I requested validation through them but also filed
an investigation with the credit bureaus and the FTC.
Today I received the following letter from them: Afni is
investigating your dispute related to the above account and
Afni has informed the credit reporting agencies that the
account is disputed. The final resolution of the disputed
account has been delayed due to insufficient information
provided. Afni requests additional information so that we
may conclude the investigation. We will complete out
investigation within 30 days of receipt of the following
information: The specific information you dispute.
An explanation of the basis of your dispute.
All supporting documentation to substantiate your claim.
Examples may include but is not limited to, photocopy of
your driver's license, the identification page of your
passport, proof of residency at the time of service,
receipts, etc.
A valid phone number to contact you.
Now I know that the proof of validation resides with them.
The statute of limitations has expired on this by 1 year.
Why are they requesting this information from me and how
should I handle this?
Afni has made a fortune by lying to
consumers and reporting bogus debts to the credit bureaus.
There is nothing in the Fair Debt Collection Practices Act
(FDCPA) that states any consumer is obligated to provide
that type information to a debt collector. The burden of
proof rests solely on them and it is obvious that by sending
out such a form letter, that Afni is blind to the debts they
collect. A check of Pacer, for on-line federal lawsuits
shows more than 165 suits where Afni is named. This does not
begin to count the possibly hundreds filed in various state
courts. You do not want to provide Afni with any information
other than your name, address and reference numbers to the
account they are attempting to collect. You should
immediately dispute it with the credit bureaus as not my
account so they cannot claim they were not aware of your
dispute. The owner of Afni is Lisa A. Anderson, of
Bloomington, IL. Our information is that she has very deep
pockets and is capable of still paying off lawsuits. I
strongly urge anyone dealing with Afni to consider legal
actions on these bogus accounts. The very capable attorneys
from
www.myfaircredit.com
have the ability to hold them liable for credit bureau
reporting. You could receive compensation if they are
successful in suing Afni as the law allows $1,000.00 in
compensation. You could also have your attorney fees paid,
so it is worthwhile to at least consult with a consumer law
professional. Does Lisa Anderson allow her company to extort
money from innocent consumers by credit bureau placement?
Let the law work for you by going after Afni and holding
them accountable for their actions. This is a scam-gone way
out of control. Te laws need to be changed so that Afni's
are not allowed to screw consumers with their lies and phony
reporting. Go after them, make her pay!
February 2009
AFNI, keeps spamming me with letters, changing balance
amounts and dates on my credit reports to make it appear as
payments were made. And recently posting 120 days late.
They've been quiet for 6 years. I never made any payment
arrangements to AFNI a debt amount I don't owe. I've
disputed the balance amounts that I do not owe. I even have
the original bill from 1/03 showing the real amount owed.)
But afraid to send it to them for proof fearing they might
changes things on it to there advantage. This accounts
almost 7 years old and out of SOL and yet they still mess
with my CR's to the point I just don't know what to do now.
All my bills are paid. but this AFINI? I just don't get how
they get away with this. The CRA's have to know there AFNI's
sending inaccurate info.
Afni has, in my opinion, always
collected debts as though they are desperate and one foot
away from insolvency. Dispute it with the credit bureaus as
not my account.
February 2009
AFNI, Inc. a collection agency out of Bloomington, IL. This
is an actual follow up.
I finally received a response back from AFNI, Inc., after
sending a validation letter, regarding the account they have
placed on all 3 of my credit reports.
They failed to validate this account. The enclosed letter
goes onto read;
This letter confirms the original creditor and balance of
your account. Thank you for your attention in this matter.
If you have any questions, please contact our office toll
free at 1-888-216-2408 Monday through Friday 7am - 9pm CST.
For proper credit on your account, please write this number
XXXXXXXX-X on your payment. (Hello, I did not ask for them
to send me a collection bill, I asked for them to validate
the debt and prove to me the debt is mine).
This is an attempt to collect a debt. Any information
obtained will be used for the purpose. You have the right to
inspect your credit. This letter is from a debt collector.
Sincerely,
Afni, Inc.
Bottom reads
Please return this portion with your payment for proper
credit pleas write XXXXXXXX-X on your check.
They also enclosed a rather strange bill, claiming to have
been from the original creditor. However, it is not on the
company (Qwest) letterhead. It also states a name that I have never used with the company, a phone number, which
I have never had, the date of December 2002 (last bill), which
is incorrect, as I canceled my service with Qwest in
February of 2000. It also goes on to list what appears to be
a mobile phone account, which I never had with Qwest, but it
lists my old address, which I have not lived at in years.
The bill they had sent to me, claiming it was from the
original creditor does not look close to being legit. The
bill itself looks like someone in the office at AFNI, Inc.
quickly typed something up, as it did not contain the
original creditor letterhead or any other form of
letterhead.
I am going to mail a copy of the letter, from AFNI, Inc. to
Qwest. I refuse to pay a company that cannot properly
provide me with legitimate documents, showing I owe. One too
many red flags.
I am also sending a letter to the Attorney General in
Illinois, also enclosed copies of all my correspondences.
January 2009 I work for Verizon's Financial Department, and I assist customers daily with AFNI issues. I want to say that managers at Verizon DO have the ability to recall most Final Accounts back from AFNI. We even have a toll free number to an internal department for assistance cleaning up a damaged credit report because of a wrongful listing by AFNI or other agencies. I just want people out there to know that Verizon may still be able to help. I have been a manager in the Financial Department for a long time. Currently, I am in their Click to Chat department for financial assistance with Final and Live bills. Please contact Verizon about your Final Bill with AFNI. I hope we can help!
January 2009 It has been almost 3 months since I first contacted AFNI, after reviewing my credit report, regarding the negative mark they had listed on my credit report. Never once have I received any collections notices from ANFI and I clearly stated that in the letter, which I had sent to them. Also, I have never received any late notices for the account they allege I owe on, from 2000. I have sent a letter to Experian, disputing the account. They sent me back a letter stating that I needed to send further verification for there investigation. Which I presume is there way of delaying the dispute. I have also pulled my Equifax and Trans Union reports, only to find the same account listed as well. I have since sent a letter of dispute to both those agencies as well. I only have a few months to go before I complete a lease purchase on a house that my husband and I have been leasing for the past 2 years. The last thing I need is for our credit union to ask me to pay a debt that I clearly do not owe. I am determined to get this removed from my 3 credit reports and soon.
January 2009 AFNI has re-aged, and is attempting to collect, a time-barred phone bill that expired 3 months ago per the UCC SOL in MI. They are reporting the account as opened 7/2008, although they themselves even supplied us with documentation clearly showing the 10/04 date when we requested validation!
December 2008
Bloomington, Ill.-based Afni Inc. charged customers
collection fees equaling 15 percent of the money they owed
Cingular, which has since been bought by ATT. The 7th U.S.
Circuit Court of Appeals said that fee was not allowed under
Wisconsin law or their cell phone contracts and violated the
Fair Debt Collection Practices Act.
The decision upholds a ruling last year by U.S. Magistrate
Judge William E. Callahan Jr. in Milwaukee. Callahan awarded
the customers $206,000 in damages, costs and attorneys fees
— but gave the company a chance to appeal. Monday's
ruling means the plaintiffs' lawyers can ask for additional
costs and fees related to the appeal.
http://www.twincities.com/ci_11171992?IADID
November 2008 This agency is trying to collect a debt which is past the statute of limitations & is lying in order to get the money. It is from an account over 10 years old, & they told us that our state has no statute of limitations so they could still come after us. Such a crock
October 2008 AFNI, Inc. is stating that I owe the sum of $142.00, to Qwest. I have not received any collections letters from AFNI, Inc. The way I had found out about AFNI, Inc, was a mark on my credit report, which I had pulled over the weekend. I have attempted to dispute this negative account with Experian, on Saturday night. This morning, I received an e-mail back from Experian that they claimed 'they have verified the account was mine'. You would think an investigation should take much longer and from all that I have read, AFNI, Inc, does not have enough information regarding the account to prove the account does in fact belong to the person which name is attached. The account they are claiming, was first reported June 2008. I have not had Qwest service, since 1999 and my account with Qwest was Paid In Full, upon closing the account. I also know for a fact that my Qwest bill was no where close to the amount they are claiming I owe, as I was receiving disability at the time and was on a telephone assistance plan, which is less than $20.00/month. This account, which they claim I owe, which I do not owe on, is certainly past the SOL. Thanks to your site, I have learned a lot when it comes to credit and collections and that many collection agencies have incomplete information of a person. I will continue to fight and get AFNI off my credit report and out of my life for good.
October 2008 After pulling my credit report and credit score, last evening, I noticed a suspicious negative account on my report, from AFNI. I remember finding Bud Hibbs site and the listings of collection agencies to watch out for, a while back, while investigating a collection agency (Aurora Gold), who contacted my husband, earlier this year. I found this item on my account to be odd, as I had just recently checked my credit report and it did not have any negative marks on it, until I re-checked it yesterday, after watching a Clark Howard special on TV. AFNI is trying to collect on a Qwest account. I have not had Qwest phone service (formerly US West), since 2000. I found this to be rather odd that AFNI is claiming I owe $142.00 and according to my credit report, AFNI states Date Opened 7/2008 and date last reported is 9/2008. According to the SOL, after 4 years the debt cannot be collected. I got onto Bud Hibbs' site to look up this collection agency, again, because I was suspicious since all of a sudden this is NOW showing up on my credit report. After reading the entries posted from other people, who also have AFNI attempting to collect such debt and also posted on there credit report. I am pleased to read the following suggestions on how to fight back and get this scam artist collection agency, hopefully off my back. I have worked so hard to get my credit report clean, as we are trying for a house loan and this certainly is the last thing I need listed on my account. I just wish there was a way to prevent such companies from fraudulently posting inaccurate information on peoples credit reports. I have not received any collection letters. I have not lived in the area, where Qwest has service, since 2003 and I have not had Qwest service, since 2000. I had switched to a competitor company, in 2000 and I owe nothing to that company. My husband will be writing AFNI a Cease and Desist letter and we will also be taking the advice to contact the Illinois BBB and Attorney General. Thank you for such a wonderful, informative site!
September 2008 This company approached me a few years ago wanting money for a Charter Comm, account at an address I never resided.. I asked for verification of the debt in writing and never heard from them again. Just in the last couple of weeks though they have started calling me daily looking for someone with a totally different name. I've asked them to quit calling now several times and continue to be harassed. I've also filed complaints with the state business bureau in regards to this company..
September 2008 After many letters, and Pub. about AFNI on other sites; and with the help of the IL. Att. Gen. office. AFNI has sent me a letter that they are removing their bogus entry from my credit report. Thanks Bud for giving us consumers the info. and the strength to fight these scumbags.
September 2008
This is the intent to file suit letter I faxed to the
knuckleheads @ AFNI, Inc. a.k.a. Anderson Financial Network,
Inc on August 28. I'm just waiting until Sept 12, 2008 to
see whether or not they'll respond. I'm hoping they do and
hoping they don't.
NOTICE OF INTENT TO FILE SUIT
IN THE STATE OF TEXAS, COUNTY OF BEXAR
SMALL CLAIMS
JUSTICE OF THE PEACE COURT
PRECINCT #1, PLACE #1
Plaintiff: XXXXXX X. XXXX, an individual resident in San
Antonio, Bexar County Texas
Vs
Defendant(s): wholly and individually having and doing
business in the State of Texas;
AFNI, Inc.,
Aka Anderson Financial Network, Inc.
and
The “executive officers” of AFNI, Inc, aka Anderson
Financial Network, Inc.
Bruce F. Griffin-Chairman and Chief Executive Officer
Ronald L. Green-President
Gregory J. Donovan-Vice President/Secretary
V. Curtis Oyer-Treasurer
(Sent via FACSIMILE to AFNI, Inc, aka/Anderson Financial
Network, Inc to 309-828-0931)
AFNI, Inc.
Aka Anderson Financial Network, Inc.
Bruce F. Griffin-Chairman and Chief Executive Officer
Ronald L. Green-President
Gregory J. Donovan-Vice President/Secretary
V. Curtis Oyer-Treasurer
404 Brock Drive
Bloomington, IL 61702-3097
Re: AFNI Account # XXXXXXXXXXXXX NEXTEL Account # XXXXXXXXXX
For: $752.69
Greetings and salutations:
I received your letter today, dated August 25, 2008
concerning the above referenced account. As I stated in my
official CEASE COMMUNICATION letter to you dated July 26,
2008 concerning this alleged debt, I am not responsible for
this alleged debt and I did not ask to have this alleged
debt validated or investigated by AFNI, Inc., aka Anderson
Financial Network, Inc. and/or its “executive officers” as
it is NOT MY DEBT! AFNI, Inc., aka Anderson Financial
Network, Inc., and its “executive officers” are now
harassing me.
I sent AFNI, Inc., aka Anderson Financial Network, Inc., and
its “executive officers” a letter, Saturday, June 26, 2008
via FACSIMILE stating that I do not owe this alleged debt as
it was awarded to XXXXXXX XXXX, my now ex-husband, in our
final decree of divorce (see attached divorce decree) and
how you may contact him as he is “temporarily” residing at
the Texas Department of Criminal Justice Garza-West Unit,
4250 Highway 202, Beeville, Texas 78102 (see Judgment of
Conviction by Court-Waiver of Jury Trial and TDCJ Offender
sheets) for the next 12 years. I also stated that I did not
want to be contacted or harassed by your company any further
concerning this alleged debt awarded to XXXXXXX XXXX and
that AFNI, Inc. aka Anderson Financial Network, Inc., and
its “executive officers” had 5 business days from the date
of your receipt of my facsimile to release me from any
further obligations concerning XXXXXXX XXXX’s outstanding
debt and report such to my credit bureau repositories.
Since you have violated the terms of my CEASE COMMUNICATION
letter/facsimile that you received Saturday July 26, 2008,
and by acknowledging said receipt of facsimile transmission
with a letter addressed to me by AFNI, Inc., aka Anderson
Financial Network, Inc. and its “executive officers,” I have
no choice but to bring suit against AFNI, Inc., aka Anderson
Financial Network, Inc. and its “executive officers” for
harassment and violations of the Fair Debt Collection
Practices Act (FDCPA) in the amount of $10,000 (Ten thousand
dollars), the maximum allowable amount in small claims court
in the State of Texas, County of Bexar.
I have also filed formal complaints with the Federal Trade
Commission who is responsible for enforcement of FDCPA laws,
Texas Attorney General Greg Abbott’s office, The United
States Postal Service for harassment via USPS service, The
American Collector’s Association and the Better Business
Bureau’s of San Antonio, Texas and Bloomington, Illinois. I also am sending a copy of this letter and my original letter
to AFNI, Inc., aka Anderson Financial Network, Inc., to
Nextel, the original creditor, as I am sure they would like
to know of your harassing tactics in attempting to collect
debts on their “behalf.”
Since I have receipt of the facsimile transmission stating
that AFNI, Inc received my CEASE COMMUNICATION letter on
Saturday July 26, 2008, I intend to use that and the
original letter your company received as evidence against
AFNI, Inc, and its “executive officers” as well as the final
divorce decree showing the award of this debt to Mr. XXXX.
If you wish to resolve this matter immediately without any
further legal proceedings by me, prior to AFNI, Inc and its
“executive officers” being served with civil citation to
appear in small claims court in the State of Texas, County
of Bexar, you will remit to me via certified mail/return
receipt request, a cashier’s or banker’s check, in the
amount of $1,500 (One thousand five hundred dollars-less
than double of the amount owed in this alleged debt) payable
to me, XXXXXX X. XXXX, 1704 XXXXXX, San Antonio, TX XXXXX
within 10 business days of the receipt of this
letter/facsimile.
Also, AFNI, Inc., aka Anderson Financial Network, Inc. and
its “executive officers” will immediately convey to
Experian, Trans Union and Equifax that I, XXXXXX X. XXXX, am
no longer responsible for this alleged debt. AFNI, Inc., aka
Anderson Financial Network, Inc., and its “executive
officers” will permanently remove my name and any other
personal information from your records and any and all
databases. AFNI, Inc., aka Anderson Financial Network, Inc.,
and its “executive officers”, will not sell, assign,
transfer or convey any information about me to any other
collection agencies or anyone else. AFNI, Inc., aka Anderson
Financial Network, Inc., and its “executive officers” will
issue a signed, notarized statement that I am no longer
responsible for this debt and that the above requests have
been completed.
Once I have received your cashier’s check in the above
listed amount and a signed notarized letter from AFNI, Inc.,
aka Anderson Financial Network, Inc. and its “executive
officers” removal of my name from your records, releasing me
from any and all further obligations and the conveyances to
Experian, Trans Union and Equifax, I will cease any further
legal proceedings against AFNI, Inc, aka Anderson Financial
Network, Inc. and it’s “executive officers” and issue a
signed, notarized statement as to such within 5 business
days of such receipt of the above listed items from AFNI,
Inc., aka Anderson Financial Network, Inc., and its
“executive officers.” I will also cease my pursuit of
charges and complaints filed with the FTC, Texas Attorney
General Greg Abbott, The USPS, The American Collectors
Association, and Better Business Bureaus of San Antonio,
Texas and Bloomington, Illinois against AFNI, Inc., aka
Anderson Financial Network, Inc, and its “executive
officers” if all of the above conditions are met.
This is the only way I am willing to resolve this matter out
of court. I will not settle for any other remedies or
bargain with AFNI, Inc., aka Anderson Financial Network,
Inc., its “executive officers” or attorneys.
If you wish further legal action by me, then by all means
ignore this letter/facsimile. It is my understanding, AFNI,
Inc., aka Anderson Financial Network, Inc. and its
“executive officers” are already embroiled in several class
actions lawsuits across the country at this moment, and/or
are being investigated by other State’s Attorney General’s
for this very type of violation of FDCPA laws and other
state laws. It will be much cheaper and in the best interest
for AFNI, Inc., aka Anderson Financial Network, Inc. and its
“executive officers” to heed my simple requests, rather than
risk the reality of another lawsuit in the State of Texas,
County of Bexar.
If within 10 business days of Friday August 29, 2008 (I will
make it easy for you…the 10 days will expire Friday
September 12, 2008), I do not receive a cashiers or bankers
check in the amount of $1,500 (One thousand five hundred
dollars), your conveyances to Experian, Trans Union and
Equifax and the notarized release of any further obligations
by me and deletion of my name from your records, I will
proceed with the lawsuit for the full $10,000 amount, plus
court costs and any other fees and/or expenses incurred by
me to bring this suit against AFNI, Inc. aka Anderson
Financial Network Inc., and its “executive officers.”
Please give this matter the attention that it rightly
deserves.
Respectfully,
XXXXXX X. XXXX
Mini Miranda WARNING: This is an attempt to make a debt
collection agency obey the law. Any information obtained
will be used for that purpose
THIS FACSIMILE CONSTITUTES DUE NOTICE OF INTENT TO FILE
LAWSUIT
-----------------------------------------------------------
I sure do hope they will take this to heart. It will be so
much cheaper for them in the end.
Thanks, Bud. For helping to educate us about our rights
concerning dect collection practices.
August 2008 Ten yrs ago, I had an account with Verizon. Now I see this account on my credit reports as "Account opened June 2008. I've tried disputing it with the credit companies. They're verifying it as my account. I did ask them to verify as my account. I told them it was old, barred, outdated! What's wrong with the credit companies? Are they short of brain cells? How can I remove this from my reports?
August 2008
Are these people bozo's or what? I faxed them a cease comm
letter on July 26, 2008 and what do I get in the mail today?
A letter from them dated August 25, 2008, asking for more
information about my ex husband who is responsible for this
debt. I explained to them in my earlier fax that he's
currently a resident of TDCJ and good luck in getting
anything out of him while he serving 12 years and to cease
communicating with me. I've had it with these AFNI, Inc
idiots!!! I just faxed them an intent to file suit letter.
Hopefully, they'll take me serious this time since they're
are being sued in a few class action lawsuits or I'll go
after them for the maximum allowable amount in small claims
court here in Bexar County, Tx.
July 2008 Bud - look what I found when I was searching for AFNI on the Federal District Court Docket. It looks like a class action suit, (or three, or four!) but I wasn't able to follow up (it may have been my browser) If I can get more information, or if anyone else can, they should post it here. If there's really a case coming against these idiots, I'm gonna want aboard and I bet thousands will.
Patton v. AFNI, Inc. MD Bennett
Consumer Credit Federal Question
Plaintiff: Arleaver C. Patton; Defendant: AFNI, Inc.
July 15, 2008
White v. AFNI, Inc. NY Eastern Korman Consumer Credit
Federal Question
Plaintiff: Henna White; Defendant: AFNI, Inc.
July 11, 2008
CUNNINGHAM v. AFNI, INC. PA Eastern ROBRENO Consumer Credit
Federal Question
Plaintiff: ELISA CUNNINGHAM; Defendant: AFNI, INC.
July 10, 2008 Hale et al v. AFNI,
Inc. IL Northern Coar Consumer Credit Federal Question
Plaintiff: Bouke Hale; Defendant: AFNI, Inc.
July 2008 Received a letter from AFNI, Inc for an over 10 year old debt from GTE Southwest, Inc. I called AFNI and spoke to "Mallory" about this alleged time barred debt. She went on to state that they could come after me anytime they want and that I had to pay this debt. This went on for about 6 minutes (lucky for them I recorded the entire conversation). She said I was being abusive to her. HA HA!!! She even went on to state that she had to go through "collectors training" and that she knew the laws...funny, she doesn't know the laws in Texas. Due to her feelings getting hurt during this conversation...I guess I am a mean ol' consumer...she placed me on hold for a supervisor. About 3 minutes after being placed on hold, a "Jim Shepherd" came on the line. I advised him, just as I advised "Sensitive Mallory" that I refused to pay this debt as it is time barred AND that GTE Southwest, Inc, is no longer in business. He said thank you, mumbled something as he hung up. So today, July 25th, I am sending them a fax stating to them I am refusing to pay them as well as sending them the time barred letter. What a bunch of idiots!
July 2008
While checking my TransUnion, credit report in April, 2008,
I noticed a negative item on the report that I did not
recognize. It was two accounts one with Sprint and the other
with MCI, phone companies I have never had an accounts with.
I wrote to TransUnion to alert them about these fraudulent
accounts and requested to conduct an investigation. Both
accounts were held with a collection agency by the name of
AFNI, Inc.
After TrasUnion conducted their investigations the Sprint
bill was taken off but the MCI bill was not. Then in May of
this year, I received a collections notice from AFNI, Inc.
regarding this fake MCI account in the amount of $1,077.00.
I contacted AFNI to let them know that I had no knowledge of
this account. I told them that I had never received a single
bill from MCI regarding this phone line. AFNI told me 'good
luck' trying to prove it wasn't me who opened the account.
They claim that because the account was opened with my SSN,
name and date of birth, it is my responsibility. They also
claim to have proof that I 'Okayed' this phone line via a
phone call with MCI. This is a falsified account and I believe they were trying to use scare tactics with me.
AFNI sent me the fraud dispute form but I am hesitant to
fill it out because they told me if I prove that I lived at
my address back when this account was opened I will be
proving I am responsible for the phone line, even though I did not approve this line.
Could it be that TransUnion and Experian are down with this
scam! How could that be!
July 2008
Minnesota Attorney General Lori Swanson filed a lawsuit in
Hennepin County District Court against AFNI, Inc., an
Illinois debt collection agency, for attempting to collect
debts from Minnesota citizens who stated they did not
actually owe the debts and for failing to substantiate debt
that consumers stated they did not owe.
The lawsuit alleges that AFNI used unfair collection
techniques to attempt to collect debts that Minnesota
consumers stated they did not believe they owe, and that
AFNI did not adequately verify the validity of debts to
ensure it was collecting the debt from the right people. As
a result, AFNI repeatedly contacted Minnesota consumers in
an attempt to collect debts, some up to ten years old, that
in some cases were not actually owed by the citizens.
“In this troubled economy, many people are struggling to pay
their bills. Debt collectors are entitled to pursue payment
of legitimate debts, but they must do so fairly and in
compliance with the law,” Swanson said.
The lawsuit alleges that AFNI continued collection efforts,
rather than verify the legitimacy of the debt, after
citizens informed AFNI that it was attempting to collect the
debt from the wrong person. In response to AFNI’s
requests, Minnesota consumers sometimes provided private
information, including social security numbers and police
reports of identity theft, to prove that AFNI was collecting
the debt from the wrong person, but that even
after being provided with this requested information, AFNI
sometimes continued its collection efforts.
AFNI also sometimes reported invalid “debts” to credit
bureaus without verifying that the debts were actually owed
by the citizen and did not take the action necessary to
remove the debts from consumers’ credit reports.
The Minnesota Attorney General’s Office has published a Debt
Collection Fact Sheet which offers tips for consumers who
are contacted by collection agencies. The Attorney General’s
Office provides the following tips in dealing with debt
collectors:
* Consumers have the right to dispute all or part of a debt
if they believe that it is not owed. Once the debt is
disputed, collectors must stop trying to collect the debt
until the debt collector provides proof of the debt;
* Collectors must inform consumers of their right to request
verification of a given debt in writing within 30 days;
* If a consumer tells a collector it has the wrong person
and he/she does not owe the debt, the burden of proof shifts
back on the collector to verify the debt; and
* Collectors may not use false,
deceptive, or misleading statements to collect a debt;
AFNI, Inc. is a private debt collector headquartered in
Illinois that has operations throughout the country and is
engaged in the business of debt collection.
Consumers who believe that they were taken advantage of by
AFNI, or another debt collector, may file a complaint with
the Minnesota Attorney General’s Office by calling
1-800-657-3787 or 651-296-3353. Consumers may also
download a Consumer Complaint Form by clicking here <http://www.ag.state.mn.us/Consumer/Complaint.asp>
and returning the completed form to the Attorney General’s
Office at: 1400 Bremer Tower, 445 Minnesota Street, St.
Paul, MN 55101-2131.
June 2008 Debt collectors go
after expired Verizon bills
This post comes from Joseph S. Enoch at partner bog
ConsumerAffairs.com.
Consumers around the country are complaining that Afni Inc.,
a debt-collection agency, has been calling and mailing,
demanding that consumers pay old Verizon telephone debts,
some of them as much as 10 years old.
But consumer advocates say that many of the debts are so old
that, under the statute of limitations, consumers are not
required to pay and the debt should not be reported to
credit agencies.
"I have just received a bill from Afni stating I owe on an
old Verizon account in the amount of $90.86 and that they
will settle for $45.43," wrote Diana of Madera, Calif. "The
account number they claim is for a Verizon phone number.
"This is very interesting because I have never had Verizon,"
Diana said. "I have never had this bill show up on any past
credit reports. So I checked my current credit reports and
found them listing that I owe them. I paid for a search on
the phone number they listed and I am not connected to that
number. I called Verizon California Inc. and spoke to Eric.
He said that it wasn't even a Verizon number and they had no
records of me on any account!"
Diana's complaint is similar to the others
ConsumerAffairs.com has received in a little over a year. In
almost every case the debts are many years old, while
consumers say they never had the accounts in question and
have never been a Verizon customer.
But Verizon and Afni spokespeople say the debts are real and
that if people don't pay up, their credit could be damaged.
The reason most consumers say they never were a Verizon
customer is likely because they weren't, but they may have
been a customer with one of the many companies that became
Verizon, said Bill Kula, Verizon spokesman. Verizon took
over many companies through mergers and acquisitions,
including Bell Atlantic, MCI, Nynex, GTE and other
companies.
Along with those mergers came millions of delinquent
accounts, which Verizon sold to Afni over the past year and
a half. And even though the acquired companies no longer
exist, Afni insists the debts have survived intact.
Both Kula and Deborah Ciskey, Afni's director of compliance,
said consumers are probably "confused" because the debts are
from a service with an older carrier. Kula said many people
who purchased dial-up Internet many years ago from their old
phone company may be getting these bills and just forgot
that that they had a delinquent account with MCI, for
example.
However, some consumers say there is no mistake and they
have no debt with any phone company.
"I received a collection notice from Afni Inc., stating
I owe them $280.05 for a disconnected phone service ...,"
wrote Pamela of Danbury, Conn. "I have never owned that
telephone number. Also, on the notice, it states that the
original creditor is Bell Atlantic. I never had phone
service with Bell Atlantic."
Consumers say that despite their protestations, Afni posts
the debt to credit agencies.
Joe Mullaney, an attorney who successfully sued Afni for
using potentially illegal means to collect on a debt, said
consumers should not pay these debts if they believe they
are not legitimate, no matter how insistent Afni is.
"People are paying these debts and they don't even owe it,"
Mullaney said.
Although Kula said the vast majority of the debts are two to
three years old, some consumers say they are as old as 13
years, yet the company appears to be persistent no matter
how old the debt.
If the debts are seven years old or older, the statute of
limitations on the debt has expired, meaning Afni has very
limited enforcement capabilities to collect on those old
debts, Mullaney said.
"Federal courts ... have opined that generally a debt
collector may ask you to pay a debt if it is time-barred by
the statute of limitations," Mullaney said.
All the collector can do is politely ask consumers to pay,
he said. There is no requirement that they do so.
Similar time limitations exist for debt reporting, Mullaney
said. A debt that is seven years old or older cannot
negatively affect a consumer's credit score.
Mullaney said Afni threatened to report his client's
eight-year-old debt to the credit bureaus, and his client
went ahead and paid for fear of damaging her credit even
though there was no way a credit bureau could post that to
her report.
"Debt collectors know that one of the most powerful tools of
wrenching payment out of consumers is to report them to the
credit bureaus," Mullaney said. "The reason for that is
because people have an irrational protection of their credit
report, when in fact they should be protecting their
rights."
Mullaney and his client won their case and received a
settlement of about $4,300, he said.
"I take the position under the Fair Debt Collection
Practices Act, which says that the debt collector cannot
make deceptive statements or false statements," Mullaney
said.
The Illinois Attorney General's Office has an active
investigation into Afni, said office spokeswoman Natalie
Bauer. She could give no further details but said the office
has received "around 900" complaints over the past eight
years.
Consumers who wish to take legal action against Afni should
find a local attorney through the National Association of
Consumer Advocates Web site, Mullaney said. Consumers should
also file complaints with the Illinois attorney general.
June 2008 In May 2007 My wife and I received a phone call from AFNI, INC, Attempting to collect on a $527.00 Verizion Wireless bill. The bill in question was from 1998, it was for $3000.00 for one month of service. ( Billing error!!) we never had any problems with Verizon, the realized this, and never bothered us about this again. Then AFNI, Inc called attempting to settle this Bill. I asked them Validate this debt. At which time they asked me if I was refusing to pay this debt, I said "no, I want proof from you about that this is legal to collect on after 7 years. (Never heard or received anything) I attempted to go and purchase a new vehicle this year, guess what was on my credit bureau? AFNI, INC it shows that they reported it 1 months after I spoke with them Jun 07 as a Bad Debt Write Off.
June 2008 I got a email today from the Illinois BBB. I had sent a letter to them, The FTC and the attorney General about the horrible collection practices they have and the fact that they have failed to verify anything in writing. The email states they will be stopping all collection efforts and deleting all information off my credit files. I just wanted to thank you for all your help. without this site I would never have known how to get these idiots to stop. keep on them, the law will always win
May 2008 got my credit pulled to try and qualify for a mortgage to buy a new house. imagine my surprise when I see a collection account fro Afni Inc saying I owe 224.56 for a charter communications account which according to my credit reports was originally opened in jan 2008. fun, seeing as Nevada doesn't have charter...and I have not lived in a town that does since aug 2006. so even if this debt is mine (which according to charter when I called is not, as my accounts were closed and left in excellent standings) they have violated the law by changing the date on the account. I have contacted the BBB about this, but I'm not sure what else to do. I have a credit repair person working to fix my credit at no charge to me so I can get the mortgage, but these people are so back handed it's not even funny. what do I do if they refuse to remove it? I know it isn't mine...but I'm just stuck as to what else can be done to stop these jerks
May 2008 add me to the endless list of people being harassed by the lowlifes of AFNI collections. They've been sending me letters trying to collect $91.80 from a phone bill with verizon,i have told them repeatedly that I did not live in Florida in 1999,they request all kinds of information from you including filling out a DECLARATION OF FRAUD. I have tried to explain to them that I did not live in Florida at that time and their response is that I could have co-signed for somebody else, I am following the entire process and will go the distance if necessary, I also understand that the statute of limitations expired long time ago. These are roaches roaming around pestering people with their scams. I mean the only thing I can think of all of these nonsense is CHUTZPAH!!!!!
April 2008 Just wanted to share my latest
Letter to them with you.
To Whom it May Concern:
Re: AFNI Account #xxxxxxxx
This will serve as your legal notice under provisions of
federal law, the Fair Debt Collection Practices Act (FDCPA),
to cease all communication with me in regard to the debt
referenced above.
This notification is also formal notice to you that any
filing of such action by you, or your representatives or
assigns, is therefore Time-Barred.
As I am sure your legal department is aware, there exists a
statute of limitations in each of the 50 states for a junk
debt buyer or collection agency such as yourselves to
report, collect debts and/or bring suit against debtors for
alleged debts.
In my home state of California, the statute of limitations
is as follows:
Open accounts – 4 years from date of first delinquency
Written contracts – 4 years from date of first delinquency
Oral agreements – 2 years from date of first delinquency
Promissory notes – 4 years from date of first delinquency
As you can plainly see from the date on the “billing
statement” you provided to others but never validated to me,
you are far beyond the statute of limitations for collection
and or obtaining a judgment/bringing suit. Since this
alleged debt is clearly past the legal time frame for
continued collection activity, you will cease any further
contact with me.
As a result I must insist that you:
-Delete any and all records of this alleged debt from your
system
-Do not contact me any further by any means whatsoever
-Do not sell, transfer, assign, or share any information
about me or this alleged debt with anyone else
-Do not provide me with a IRS form 1099-C
-Do not report this false information to any of my credit
bureau repositories
-Send me a signed letter that releases me from further
obligations
Thank you kindly for your “attempt to collect a debt.” I trust that
I will not be hearing from you any further. If
you do not comply with my requests listed above, I will have
no choice but to bring suit against your company in the
State of California, County of Madera.
Being the reasonable people that you are, I will assume that
you will realize that a Time-Barred debt that your company
probably paid less than $9.00 for is not worth the time and
expense of a court case, and you will comply with my
requests.
Thank you very much,
Concerned Consumer
NOTE: This is an attempt to make a debt collector obey the
law. Any information obtained, will be used for that
purpose.
March 2008 I have been getting letters from an old Cingular Wireless account from 2002 - stating I owe $2,000+ ??? What nerve - I get voice messages harassing me constantly. I do not believe I owe this money - claiming they want to settle for 1/2. I got several letters, about 1 per month...one letter stating 25% off!.. then another...40% off...then advertising TAX TIME! 50% off! SAVE MONEY - PAY TODAY! How on earth am I saving money if I do not owe this to begin with? Now they are reporting this on my credit report - and I am furious. I am seeking legal action!!! I am so glad I am not the only one being harassed!!!!
August 14, 2007 This agency recently attempted to recover a 10 year old phone company debt that actually belonged to my ex-wife. Statute of limitation in WA is 6 years.
Just another warning about AFNI.
After disputing the debt with them that they contacted me
about and disputing multiple times with the credit reporting
agencies and reporting them to the FTC, BBB, and MD Attorney
general, they still refuse to send me proof of the debt that
they say I owe. I am now pursuing litigation.
The twist this time is that they are asking for information
from me in order to validate this debt. This information
seems VERY suspicious at the surface.
They want photocopies of my driver's license, my address
history, and several other things one could only assume is
for the purposes of identity theft. They certainly have no
need of them to validate the debt they say I owe.
If you receive a letter asking for that type of information,
DO NOT SEND IT!! I would definitely contact an attorney at
that point.
June 29, 2007 Faxes Returned - Numbers not Correct?!?! Fax: 877-435-8073 (309) 828-0931 Does anyone have a current Fax Number for AFNI -- I tried using the above posted numbers and they are not "supposedly" active. I called the numbers direct and the recording said I could not access from my area?! Maybe this 309-663-4510
June 23, 2007 I received a bill today in the amount of $240.92 from afni for a verizon account that supposedly existed somewhere between 2000-2002 somehow they cant seem to pinpoint a date. The number listed on the letter I received doesn't even match the one on file! I have been a faithful customer to verizon for years now I cant imagine I would have an outstanding bill with them without being notified by VERIZON! Of course the people I have spoken with are rude and just want me to pay! I will be faxing them a note tomorrow because even if this debt was mine which it isn't the statute is way past due! It is 3-5 years in VA.
June 18, 2007
The company Afni, Inc. has contacted
myself and several others claiming that we owe telephone
bills from years back. The amount that they claimed I owed
was from 10 years ago. After researching this I found that
Afni purchased the debt from Verizon after Verizon bought
out several phone companies across the United States. I disputed the claim and then received an apology letter from
Afni but not before I contacted as many people as I could
through complaint web sites, BBB, etc. I am now trying to
help a young couple in Texas that they have harassed with
their letters. Their debt is over 4 years old and the statute
of limitations in Texas is just that. I was in collections
for years and know a little and their practices are just
wrong and I am unsure if they should not be illegal. You
call the number they provide so you can work out the issues
and there is a recording. I have never spoken to anyone. The
letters of course look legal and the copies of the bills
look almost legit but the problem is, there is no original
bill provided. All their documentation say "Verizon".
I knew I did not owe the amount but since the debt was so old
I did
not have proof and I am sure that is what these people are
counting on. If you type in Afni in your search engine, you
will find so many complaints and people asking for help.
Something is wrong here!
Hi, First thank you for sharing such
valuable information with us. I rec'd a letter from AFNI
yesterday claiming that I owed $500.00 for a bill from 1991!
When I attempted to call AFNI they were so mean and rude to
me I had to hang up. When I called back again, I informed
them that this was not even my old phone number, their reply
was "YES it was so now you have to pay". I was being called
a liar! I plan on reporting them to the FTC and BBB.
I am writing them a certified letter and hoping they will
leave me alone. I have about 9 friends who also rec'd
letters regarding old phone accts. ranging from $300-$2,000.
Isn't there something that we can do to stop these thieves
from ripping off honest people? Imagine the hundreds of
people who actually pay these bills in fear of it ruining
their credit? This has got to stop! Thank you
1991 - paper's getting thin out
there...
Anyone having dealings with AFNI, "Anderson Financial Network, Inc" of 404 Brock Dr Bloomington, IL might want to check your credit report. I checked mine and found that they illegally changed the date of last activity on my report. I am going to talk with a NACA attorney about this. If they aren't interested, the attorneys at www.myfaircredit.com might be.