Class Action Claims Atlantic Collection Agency Operated in Massachusetts Without State License

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A Massachusetts consumer has filed a proposed class action lawsuit against Atlantic Collection Agency that centers on a debt supposedly owed by her deceased spouse. 

According to the lawsuit, the plaintiff received a dunning notice from the defendant sometime in March 2018 over an obligation owed to non-party Merrimack Valley Anesthesia Associates, Inc. Around this time, Atlantic Collection Agency also began calling the plaintiff’s cell phone, the suit says, leaving approximately seven messages concerning the alleged debt.

The plaintiff, after becoming “increasingly distressed” by the defendant’s calls, the case continues, called Atlantic Collection Agency and explained that the individual they were trying to reach had passed away and that she was not liable for the supposed debt. According to the suit, a representative for the defendant stated that he “did not believe [the plaintiff]” and that payment should be made as soon as possible.

The following day, according to the lawsuit, the plaintiff called the defendant once more and spoke to the company’s president. The lawsuit alleges that after the plaintiff informed the man that she was aware Atlantic Collection Agency was not licensed as a debt collector in Massachusetts, as well as asked why their conversation was being recorded without disclosing such, the defendant’s president “became combative and insulting,” prompting the plaintiff to end the call.

In sum, the case alleges the defendant’s operations in Massachusetts are unlawful in that the company maintains no office nor keeps any assets in the state.