UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

UNITED STATES OF AMERICA, ) 

) 

Plaintiff, ) 

) 

v. ) 

) 

) 

ASSET ACCEPTANCE, LLC, ) 

a Delaware limited liability company, ) 

) 

Defendant. ) 

) 

Case Number: ~: \ 1-eVA 001 S 2. -1- 2.1t:.AJ 

CONSENT DECREE 

WHEREAS, Plaintiff, the United States of America, has commenced this action by filing 

the Complaint herein; Defendant, Asset Acceptance, LLC, has waived service of the Summons 

and Complaint; the parties have been represented by the attorneys whose names appear hereafter; 

and the parties have agreed to settlement ofthis action upon the following terms and conditions, 

without adjudication of any issue of fact or law, to settle and resolve all matters in dispute arising 

from the Complaint to the date of entry of the Decree and without Defendant admitting any ofthe 

matters alleged in the Complaint other than jurisdictional facts; 

THEREFORE, on the joint motion of the Plaintiff and Defendant, it is hereby 

ORDERED, ADJUDGED and DECREED as follows: 

Consent Decree, Page 1 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 1 of 28 PageID 65

UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

UNITED STATES OF AMERICA, ) 

) 

Plaintiff, ) 

) 

v. ) 

) 

) 

ASSET ACCEPTANCE, LLC, ) 

a Delaware limited liability company, ) 

) 

Defendant. ) 

) 

Case Number: ~: \ 1-CV~ Dol ~ 2. -1- 2.1tA.! 

CONSENT DECREE 

WHEREAS, Plaintiff, the United States of America, has commenced this action by filing 

the Complaint herein; Defendant, Asset Acceptance, LLC, has waived servicc of the Summons 

and Complaint; the parties have been represented by the attorneys whose names appear hereafter; 

and the parties have agreed to settlement of this action upon the following terms and conditions, 

without adjudication of any issue of fact or law, to settle and resolve all matters in dispute arising 

from the Complaint to the date of entry of the Decree and without Defendant admitting any of the 

matters alleged in the Complaint other than jurisdictional facts; 

THEREFORE, on the joint motion of the Plaintiff and Defendant, it is hereby 

ORDERED, ADJUDGED and DECREED as follows: 

Consent Decree, Page 1 of 28 
FINDINGS 

1. This Court has jurisdiction of the subject matter and of the parties. 

2. The Complaint states a claim upon which relief may be granted against the 

Defendant under Sections 5(a), 5(m)(1)(A), 13(b), and 16(a) of the Federal J:rade Commission 

Act ("FTC Act"), 15 U.S.C. §§ 45(a), 45(m)(I)(A), 53(b), and 56(a); the Fair Credit Reporting 

Act ("FCRA"), 15 U.S.C. §§ 1681-1681u; and the Fair Debt Collection Practices Act 

("FDCPA"), 15 U.S.C. §§ 1692-1692p. 

3. Venue in this district is proper under 28 U.S.C. §§ 1391 (b-c) and 1395(a) and 

15 U.S.C. § 53(b). 

4. The activities of the Defendant are in or affecting commerce, as "commerce" is 

defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

5. For purposes of this Consent Decree ("Decree"), the definitions set forth in the 

FCRA, 15 U.S.C. § 1681a, and the FDCPA, is U.S.C. § 1692a, shall apply. 

6. Defendant has entered into this Decree freely and without coercion. Defendant 

further acknowledges that it has read the provisions of this Decree and is prepared to abide by 

them. 

7. Plaintiff and Defendant, by and through their counsel, have agreed that the entry 

of this Decree resolves all matters of dispute between them arising from the Complaint in this 

action, up to the date of entry of this Decree. 

8. Defendant has not admitted any ofthe allegations of wrongdoing set forth in the 

Complaint, and entry of this Decree is not an admission of any such allegations of wrongdoing or 

Consent Decree, Page 2 of 28 

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FINDINGS 

1. This Court has jurisdiction of the subject matter and of the parties. 

2. The Complaint states a claim upon which relief may be granted against the 

Defendant under Sections 5(a), 5(m)(1)(A), 13(b), and 16(a) of the Federal I:rade Commission 

Act ("FTC Act"), 15 US.C. §§ 45(a), 45(m)(1)(A), 53(b), and 56(a); the Fair Credit Reporting 

Act ("FCRA"), 15 U.S.C. §§ 1681-1681u; and the Fair Debt Collection Practices Act 

("FDCPA"), 15 US.C. §§ 1692-1692p. 

3. Venue in this district is proper under 28 US.C. §§ 1391 (b-c) and 1395(a) and 

15 US.C. § 53(b). 

4. The activities of the Defendant are in or affecting commerce, as "commerce" is 

defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

5. For purposes of this Consent Decree ("Decree"), the definitions set forth in the 

FCRA, 15 U.s.C. § 1681a, and the FDCPA, 15 US.t. § 1692a, shall apply. 

6. Defendant has entered into this Decree freely and without coercion. Defendant 

further acknowledges that it has read the provisions of this Decree and is prepared to abide by 

them. 

7. Plaintiff and Defendant, by and through their counsel, have agreed that the entry 

of this Decree resolves all matters of dispute between them arising from the Complaint in this 

action, up to the date of entry of this Decree. 

8. Defendant has not admitted any of the allegations of wrongdoing set forth in the 

Complaint, and entry of this Decree is not an admission of any sueh allegations of wrongdoing or 

Consent Decree, Page 2 of 28 
violation of law. Nonetheless, Defendant stipulates and agrees to entry of this Decree in order to 

settle and resolve these disputes. 

9. All parties waive all rights to seek appellate review or otherwise challenge or 

contest the validity of this Decree. Defendant further waives and releases any claim it may have 

against the Federal Trade Commission, its employees, representatives, or agents. 

10. Defendant agrees that this Decree does not entitle it to seek or obtain attorneys' 

fees as a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended 

by Pub. L. 104-121, 100 Stat. 847, 863-64 (1996), and further waives any right to attorneys' fees 

that may arise under said provision of law. 

11. This action and the relief awarded herein are in addition to, and not in lieu of, 

other remedies as may be provided by law, including both civil and criminal remedies. 

12. Entry of this Decree is in the public interest. 

DEFINITIONS 

For purposes of this Decree, the following defmitions shall apply: 

1. "Commission"or "FTC" means the Federal Trade Commission. 

2. "Defendant" means Asset Acceptance, LLC, and its successors and assigns. 

3. "Plaintiff' means the United States of America. 

4. "Clearly and prominently" means: 

a. that information presented in writing shall be in a type size and location 

sufficient for an ordinary consumer to read and comprehend it, and shall be disclosed in a manner 

that would be easily recognizable and understandable in language and syntax to an ordinary 

Consent Decree, Page 3 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 3 of 28 PageID 67

violation of law. Nonetheless, Defendant stipulates and agrees to entry of this Decree in order to 

settle and resolve these disputes. 

9. All parties waive all rights to seek appellate review or otherwise challenge or 

contest the validity of this Decree. Defendant further waives and releases any claim it may have 

against the Federal Trade Commission, its employees, representatives, or agents. 

10. Defendant agrees that this Decree does not entitle it to seek or obtain attorneys' 

fees as a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended 

by Pub. L. 104-121, 100 Stat. 847, 863-64 (1996), and further waives any right to attorneys' fees 

that may arise under said provision of law. 

11. This action and the relief awarded herein are in addition to, and not in lieu of, 

other remedies as may be provided by law, including both civil and criminal remedies. 

12. Entry of this Decree is in the public interest. 

DEFINITIONS 

For purposes of this Decree, the following defmitions shall apply: 

1. "Commission"or "FTC" means the Federal Trade Commission. 

2. "Defendant" means Asset Acceptance, LLC, and its successors and assigns. 

3. "Plaintiff' means the United States of America. 

4. "Clearly and prominently" means: 

a. that information presented in writing shall be in a type size and location 

sufficient for an ordinary consumer to read and comprehend it, and shall be disclosed in a manner 

that would be easily recognizable and understandable in language and syntax to an ordinary 

Consent Decree, Page 3 of 28 
consumer. If the information is contained in a multi-page print document, the disclosure shall 

appear on the first page; and 

b. that information presented orally shall be disclosed in a volume, cadence, 

and syntax sufficient for an ordinary consumer to hear and comprehend. 

5. "Debt collection" means any activity the principal purpose of which is to collect, 

or attempt to collect, directly or indirectly, debts owed, or asserted to be owed, or due. 

6. "Debt" means any obligation or alleged obligation of a consumer to pay money 

arising out of a transaction in which the money, property, insurance, or services which are the 

subject of the transaction are primarily for personal, family, or household purposes, whether or 

not such obligation has been reduced to judgment. 

ORDER 

I. CIVIL PENALTY 

IT IS ORDERED that: 

A. For a civil penalty for violations of the FCRA and the FDCPA, Defendant shall 

pay to the Plaintiff, pursuant to Section 621 (a) of the FCRA, 15 U.S.C. § 1681s(a), and 

Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), the amount of two million five 

hundred thousand dollars ($2,500,000). 

B. Defendant shall make the payment required by Part A on or before the tenth day 

following entry of this Decree. Such payment shall be made by electronic fund transfer in 

accordance with procedures specified by the Office of Consumer Protection Litigation, Civil 

Consent Decree, Page 4 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 4 of 28 PageID 68

consumer. lfthe information is contained in a multi-page print document, the disclosure shall 

appear on the first page; and 

b. that information presented orally shall be disclosed in a volume, cadence, 

and syntax sufficient for an ordinary consumer to hear and comprehend. 

5. "Debt collection" means any activity the principal purpose of which is to collect, 

or attempt to collect, directly or indirectly, debts owed, or asserted to be owed, or due. 

6. "Debt" means any obligation or alleged obligation of a consumer to pay money 

arising out of a transaction in which the money, property, insurance, or services which are the 

subject of the transaction are primarily for personal, family, or household purposes, whether or 

not such obligation has been reduced to judgment. 

ORDER 

I. CIVILPENALTY 

IT IS ORDERED that: 

A. For a civil penalty for violations of the FCRA and the FDCPA, Defendant shall 

pay to the Plaintiff, pursuant to Section 621(a) of the FCRA, 15 U.S.C. § 1681s(a), and 

Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(I)(A), the amount of two million five 

hundred thousand dollars ($2,500,000). 

B. Defendant shall make the payment required by Part A on or before the tenth day 

following entry of this Decree. Such payment shall be made by electronic fund transfer in 

accordance with procedures specified by the Office of Consumer Protection Litigation, Civil 

Consent Decree, Page 4 of28 
Division, United States Department of Justice, Washington, D.C. 20530. 

C. In the event of any default in payment, which default continues for ten (10) days 

beyond the due date of payment, the entire unpaid amount, together with interest, as computed 

pursuant to 28 U.S.C. § 1961 from the date of default to the date of payment, shall immediately 

become due and payable. 

D. The judgment amount set forth in Part A represents a civil penalty owed to the 

United States Government, is not compensation for actual pecuniary loss, and, therefore, is not 

subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. § 523(a)(7). 

E. Proceedings initiated under this Part are in addition to, and not in lieu of, any 

other civil or criminal penalties that may be provided by law, including any other proceedings the 

Plaintiff may initiate to enforce this Decree. 

II. INJUNCTION AGAINST VIOLATIONS OF THE FTC ACT 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from taking the following actions: 

A. Making any material misrepresentation, expressly or by implication, to collect or 

to attempt to collect a debt or to obtain information concerning a consumer; and 

B. Making any material representation, expressly or by implication, that a consumer 

Consent Decree, Page 5 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 5 of 28 PageID 69

__ ... _ V'" -vv • ....,""'" v ........ _. * ___ _ 

Division, United States Department of Justice, Washington, D.C. 20530. 

C. In the event of any default in payment, which default continues for ten (10) days 

beyond the due date of payment, the entire unpaid amount, together with interest, as computed 

pursuant to 28 U.S.C. § 1961 from the date of default to the date of payment, shall immediately 

become due and payable. 

D. The judgment amount set forth in Part A represents a civil penalty owed to the 

United States Government, is not compensation for actual pecuniary loss, and, therefore, is not 

subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. § 523(a)(7). 

E. Proceedings initiated under this Part are in addition to, and not in lieu of, any 

other civil or criminal penalties that may be provided by law, including any other proceedings the 

Plaintiff may initiate to enforce this Decree. 

II. INJUNCTION AGAINST VIOLATIONS OF THE FTC ACT 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from taking the following actions: 

A. Making any material misrepresentation, expressly or by implication, to collect or 

to attempt to collect a debt or to obtain information concerning a consumer; and 

B. Making any material representation, expressly or by implication, that a consumer 

Consent Decree, Page 5 of28 
owes a debt or as to the amount of a debt, unless, at the time of making the representation, 

Defendant has a reasonable basis for making such representation. 

Provided that, in those instances in which Defendant (a) is required by Part lILA or B of this 

Decree to conduct an investigation, (b) has done so, and (c) has reasonably concluded that the 

information on which Defendant relies to collect or attempt to collect the debt is accurate and 

complete, the conclusions of the investigation shall constitute a reasonable basis. 

Providedfurther that, in making representations concerning a debt, Defendant canrcasonably_ 

rely on information from the original creditors of the debts to substantiate the accuracy and 

completeness of the debts in the absence of a reasonable indication that such information is 

incomplete, inaccurate, unreliable, or does not substantiate the claim. A "reasonable indication" 

shall take into account the reliability and source of the information, but shall not require any of 

the Part III investigational procedures outlined below, other than taking into account the 

reliability and source of the information. 

Ill. DUTY TO CONDUCT A REASONABLE INVESTIGATION 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from failing to take the following actions: 

A. In each instance in which a consumer, at any time, questions, disputes, or 

Consent Decree, Page 6 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 6 of 28 PageID 70

owes a debt or as to the amount of a debt, unless, at the time of making the representation, 

Defendant has a reasonable basis for making such representation. 

Provided that, in those instances in which Defendant (a) is required by Part lILA or B of this 

Decree to conduct an investigation, (b) has done so, and (c) has reasonably concluded that the 

information on which Defendant relies to collect or attempt to collect the debt is accurate and 

complete, the conclusions of the investigation shall constitute a reasonable basis. 

Provided further that, in making representationsconceming a debt, Defendant canrcasonably_ 

rely on information from the original creditors of the debts to substantiate the accuracy and 

completeness of the debts in the absence of a reasonable indication that such information is 

incomplete, inaccurate, unreliable, or does not substantiate the claim. A "reasonable indication" 

shall take into account the reliability and source of the information, but shall not require any of 

the Part III investigational procedures outlined below, other than taking into account the 

reliability and source of the information. 

In. DUTY TO CONDUCT A REASONABLE INVESTIGATION 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any ofthem who 

receive actual notice ofthis Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, Of other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from failing to take the following actions: 

A. In each instance in which a consumer, at any time, questions, disputes, or 

Consent Decree, Page 60f28 
challenges the accuracy or completeness of the information on which Defendant is relying to 

make any representation that the consumer owes a debt or as to the amount of a debt; or a person 

acting reasonably would consider the information on which Defendant is relying to make any 

representation regarding either the existence or the amount of a debt to be facially unreliable, 

materially inaccurate, or missing material information; Defendant shall either 

1. Close the account, permanently terminate collection efforts with respect to 

the specific debt, and request deletion ofthat item of information from the .. 

consumer's credit reporting file, or 

2. Report that item of information as disputed to any consumer reporting 

agency to which the information was previously reported and conduct and 

complete a reasonable investigation into the accuracy or completeness of such 

information. If such disputes are raised during a telephone call with the 

consumer, Defendant may reasonably provide responsive information or pose 

reasonable questions to the consumer, in a manner that complies with applicable 

law, in an effort to resolve any such disputes raised by the consumer. If 

Defendant does not substantiate that the consumer owes the debt following a 

reasonable investigation, Defendant shall close the account, permanently 

terminate collection efforts with respect to the specific debt, and request deletion 

of that item of information from the consumer's credit reporting file. If Defendant 

does not complete its reasonable investigation within thirty (30) days from receipt 

of the dispute, Defendant shall request deletion of that item from the consumer's 

Consent Decree, Page 7 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 7 of 28 PageID 71

challenges the accuracy or completeness of the information on which Defendant is relying to 

make any representation that the consumer owes a debt or as to the amount of a debt; or a person 

acting reasonably would consider the information on which Defendant is relying to make any 

representation regarding either the existence or the amount of a debt to be facially unreliable, 

materially inaccurate, or missing material information; Defendant shall either 

1. Close the account, permanently terminate collection efforts with respect to 

the specific debt, and request deletion of that item of information from the .. 

consumer's credit reporting file, or 

2. Report that item of information as disputed to any consumer reporting 

agency to which the information was previously reported and conduct and 

complete a reasonable investigation into the accuracy or completeness of such 

information. If such disputes are raised during a telephone call with the 

consumer, Defendant may reasonably providc responsive information or pose 

reasonable questions to the consumer, in a manner that complies with applicable 

law, in an effort to resolve any such disputes raised by the consumer. If 

Defendant does not substantiate that the consumer owes the debt following a 

reasonable investigation, Defendant shall close the account, permanently 

terminate collection efforts with respect to the specific debt, and request deletion 

of that item of information from the consumer's credit reporting file. If Defendant 

does not complete its reasonable investigation within thirty (30) days from receipt 

of the dispute, Defendant shall request deletion of that item from the consumer's 

Consent Decree, Page 7 of28 
credit reporting file and cease ,collection activities until the reasonable 

investigation is complete. 

Provided that, if as a result of its decision to permanently terminate collection efforts or if 

following a reasonable investigation, Defendant does not substantiate that the consumer owes the 

debt, Defendant shall not sell the debt or provide it to any other corporate entity other than the 

entity from which it acquired the debt. 

Provided further that nothing in Parts II and III shall require Defendant to conduct an 

investigation into the accuracy or completeness of the information on which Defendant is relying 

if Defendant determines that the consumer's question, dispute, or challenge is frivolous or 

irrelevant or, to the extent no new material evidence or information has been provided, has 

already been the subject of a reasonable investigation. Notwithstanding any other provision in 

this Decree, the Decree shall not restrict or prohibit Defendant from complying with any federal 

or state law requirements, so long as such state law requirements are not inconsistent with federal 

law. 

Provided further that if a consumer initiates contact with Defendant by any means, 

Defendant may respond to the consumer prior to the completion of the investigation. 

B. In each instance where a person acting reasonably would consider the information 

in a specific portfolio of accounts, on which Defendant is relying to make any representation to a 

consumer, to be facially unreliable, materially inaccurate, or missing material information, 

Defendant shall terminate collection efforts on each account in the portfolio until it conducts a 

reasonable investigation into the accuracy or completeness of the information relating to that 

Consent Decree, Page 80f28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 8 of 28 PageID 72

credit reporting file and cease ,collection activities until the reasonable 

investigation is complete. 

Provided that, if as a result of its decision to permanently terminate collection efforts or if 

following a reasonable investigation, Defendant does not substantiate that the consumer owes the 

debt, Defendant shall not sell the debt or provide it to any other corporate entity other than the 

entity from which it acquired the debt. 

Provided further that nothing in Parts II and III shall require Defendant to conduct an 

investigation into the accuracy or completeness of the information on which Defendant is relying 

if Defendant determines that the consumer's question, dispute, or challenge is frivolous or 

irrelevant or, to the extent no new material evidence or information has been provided, has 

already been the subject of a reasonable investigation. Notwithstanding any other provision in 

this Decree, the Decree shall not restrict or prohibit Defendant from complying with any federal 

or state law requirements, so long as such state law requirements are not inconsistent with federal 

law. 

Provided further that if a consumer initiates contact with Defendant by any means, 

Defendant may respond to the consumer prior to the completion of the investigation. 

B. In each instance where a person acting reasonably would consider the information 

in a specific portfolio of accounts, on which Defendant is relying to make any representation to a 

consumer, to be facially unreliable, materially inaccurate, or missing material information, 

Defendant shall terminate collection efforts on each account in the portfolio until it conducts a 

reasonable investigation into the accuracy or completeness of the information relating to that 

Consent Decree, Page 8 of28 
account. The factors that Defendant must consider in evaluating the material accuracy or 

completeness of the information on which Defendant relies include, but are not limited to, 

whether 1) other accounts in a particular portfolio have been disputed by consumers for similar 

reasons at disproportionately high rates; 2) documents from the original creditor (excluding 

affidavits) are not available; 3) because of age, missing data, or other characteristics, a 

disproportionately high number of accounts in a particular portfolio have been supplemented by 

data from third-party sources; or 4) any other information learned about a particular portfolio's 

credit originator and its methods of doing business calls into question the accuracy or 

completeness ofthe information. 

Provided that, if, following a reasonable investigation, Defendant cannot reasonably 

verify the accuracy or completeness of the account data in a particular portfolio, Defendant may 

not sell, or provide to any other corporate entity, the portfolio or individual accounts within the 

portfolio other than the entity from which it acquired the debt. 

C. For purposes of this Decree, a;"reasonable investigation" shall mean an 

investigation in which Defendant objectively evaluates and weighs the relevant information and 

circumstances, which may include, among other things: 

1. the reliability ofthe information on which Defendant relies in collecting or 

attempting to collect the debt, including the credibility of the source of that 

information; 

2. the accuracy and completeness of any information from the credit 

originator, taking into account the reliability and source of the information; 

Consent Decree, Page 9 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 9 of 28 PageID 73

account. The factors that Defendant must consider in evaluating the material accuracy or 

completeness of the information on which Defendant relies include, but are not limited to, 

whether 1) other accounts in a particular portfolio have been disputed by consumers for similar 

reasons at disproportionately high rates; 2) documents from the original creditor (excluding 

affidavits) are not available; 3) because of age, missing data, or other characteristics, a 

disproportionately high number of accounts in a particular portfolio have been supplemented by 

data from third-party sources; or 4) any other information learned about a particular portfolio's 

credit originator and its methods of doing business calls into question the accuracy or 

completeness of the information. 

Provided that, if, following a reasonable investigation, Defendant cannot reasonably 

verBy the accuracy or completeness of the account data in a particular portfolio, Defendant may 

not sell, or provide to any other corporate entity, the portfolio or individual accounts within the 

portfolio other than the entity from which it acquired the debt. 

C. For purposes of this Decree, a;"reasonable investigation" shall mean an 

investigation in which Defendant objectively evaluates and weighs the relevant information and 

circumstances, which may include, among other things: 

1. the reliability of the information on which Defendant relies in collecting or 

attempting to collect the debt, including the credibility of the source of that 

information; 

2. the accuracy and completeness of any information from the credit 

originator, taking into account the reliability and source of the information; 

Consent Decree, Page 9 of 28 
3. the accuracy and completeness of any information Defendant has obtained 

or may obtain from third party sources, including data aggregators, brokers or 

consumer reporting agencies; 

4. the strength and credibility of any information provided by the consumer 

questioning, disputing, or challenging the accuracy or completeness of such 

information or otherwise obtained by Defendant and the responsiveness of the 

consumer to reasonable requests for information; 

5. the nature and frequency of disputes received by Defendant about accounts 

within the same portfolio; 

6. with respect to information obtained from the consumer, the methods used 

by Defendant to collect the information, which shall be in compliance with 

applicable laws; and 

7. any other reliable information that confirms, contradicts, or calls into 

question the accuracy or completeness of such information. 

D. Subsections A, B, and C of this Part do not affect the Defendant's obligations to 

comply with all applicable provisions of the FDCP A or FCRA. A "dispute" under this Part III 

does not necessarily constitute a "dispute" for FDCP A or FCRA purposes. 

IV. REQUIRED DISCLOSURES 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any ofthem who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

Consent Decree, Page 10 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 10 of 28 PageID 74

3. the accuracy and completeness of any information Defendant has obtained 

or may obtain from third party sources, including data aggregators, brokers or 

consumer reporting agencies; 

4. the strength and credibility of any information provided by the consumer 

questioning, disputing, or challenging the accuracy or completeness of such 

information or otherwise obtained by Defendant and the responsiveness of the 

consumer to reasonable requests for information; 

5. the nature and frequency of disputes received by Defendant about accounts 

within the same portfolio; 

6. with respect to information obtained from the consumer, the methods used 

by Defendant to collect the information, which shall be in compliance with 

applicable laws; and 

7. any other reliable information that confirms, contradicts, or calls into 

question the accuracy or completeness of such information. 

D. Subsections A, B, and C of this Part do not affect the Defendant's obligations to 

comply with all applicable provisions of the FDCPA or FCRA. A "dispute" under this Part III 

does not necessarily constitute a "dispute" for FDCPA or FCRA purposes. 

IV. REQUIRED DISCLOSURES 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

Consent Decree, Page 10 of 28 
through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from failing to take the following actions: 

A. At the time of Defendant's initial communication with a consumer in connection 

with the collection of a debt, for any debt that the Defendant knows or should know may be 

beyond the applicable statute oflimitations, Defendant shall make the disclosure(s) set forth in 

Part IV.D, below, in its validation notice or other written communication containing the .. 

information required by Section 809 of the FDCPA, 15 U.S.C. § 1692g. 

B. Subsequent to its initial communication with a consumer, for any debt where 

Defendant comes into possession of information from which the Defendant knows or should 

know that the debt has passed the applicable statute of limitations, Defendant shall, in its next 

communication with the consumer, whether oral or written, make the disclosure(s) set forth in 

Part IV.D, below. 

Provided that Defendant may satisfy this provision by making the disclosure(s) set forth 

in Part IV.D, below, on or before the date that the debt has passed the applicable statute of 

limitations. 

C. In addition to making the applicable disclosure(s) required by Part IV.A or IV.B, 

above, in any subsequent communication in connection with collecting a debt, Defendant shall 

make the disclosure(s) set forth in Part IV.D, below, if failure to do so would be likely to mislead 

a consumer acting reasonably under the circumstances about the Defendant's ability or intent to 

take legal action to collect the debt and the consumer's rights in connection with such legal 

Consent Decree, Page 11 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 11 of 28 PageID 75

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from failing to take the following actions: 

A. At the time of Defendant's initial communication with a consumer in connection 

with the collection of a debt, for any debt that the Defendant knows or should know may be 

beyond the applicable statute oflimitations, Defendant shall make the disclosure(s) set forth in 

Part IV.D, below, in its validation notice or other written communication containing the, 

information required by Section 809 ofthe FDCPA, 15 U.S.C. § 1692g. 

B. Subsequent to its initial communication with a consumer, for any debt where 

Defendant comes into possession of information from which the Defendant knows or should 

know that the debt has passed the applicable statute of limitations, Defendant shall, in its next 

communication with the consumer, whether oral or written, make the disclosure(s) set forth in 

Part IV.D, below. 

Provided that Defendant may satisfy this provision by making the disclosure(s) set forth 

in Part IV.D, below, on or before the date that the debt has passed the applicable statute of 

limitations. 

C. In addition to making the applicable disclosure(s) required by Part IV.A or IV.B, 

above, in any subsequent communication in connection with collecting a debt, Defendant shall 

make the disclosure(s) set forth in Part IV.D, below, if failure to do so would be likely to mislead 

a consumer acting reasonably under the circumstances about the Defendant's ability or intent to 

take legal action to collect the debt and the consumer's rights in connection with such legal 

Consent Decree, Page 11 of28 
action. Factors to consider when assessing whether the net impression of the communication is 

likely misleading to a consumer acting reasonably under the circumstances include, but are not 

limited to: 1) the amount of time that has lapsed since Defendant last communicated with the 

consumer; 2) the form of the Defendant's communication with the consumer; 3) the content of 

Defendant's communication with the consumer; 4) the context of Defendant's communication 

with the consumer; and 5) any information learned from the consumer. 

Provided that, for purpose of this provision, if one-hundred eighty (180) days or more has 

elapsed since Defendant previously communicated with the consumer in connection with 

collecting a debt, then there shan exist a rebuttable presumption that failure to make the 

disclosure(s) would be likely to mislead a consumer acting reasonably under the circumstances 

about the Defendant's ability or intent to take legal action to collect the debt and the consumer's 

rights in connection with such legal action. 

Providedfurther that, after one (1) year has lapsed after the date of entry of this Order, 

any competent and reliable evidence (including appropriate and adequate reports, studies, 

surveys, or other extrinsic evidence) relating to whether failure to make a subsequent 

disclosure(s) required under Part IV.C. of this Order is likely to mislead a consumer acting 

reasonably under the circumstances about the Defendant's ability or intent to take legal action to 

collect the debt and the consumer's rights in connection with such legal action shall constitute a 

change in circumstances, providing a party good cause to file a motion under Fed. R. Civ. P. 

60(b) to modify or amend the terms of Part IV.C. 

D. As required by Parts IV.A, B, and C, above, Defendant shall make the following 

Consent Decree, Page 12 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 12 of 28 PageID 76

action. Factors to consider when assessing whether the net impression ofthe communication is 

likely misleading to a consumer acting reasonably under the circumstances include, but are not 

limited to: 1) the amount of time that has lapsed since Defendant last communicated with the 

consumer; 2) the form of the Defendant's communication with the consumer; 3) the content of 

Defendant's communication with the consumer; 4) the context of Defendant's communication 

with the consumer; and 5) any information learned from the consumer. 

Provided that, for purpose of this provision, if one-hundred eighty (180) days or more has 

elapsed since Defendant previously communicated with the consumer in connection with 

collecting a debt, then there shall exist a rebuttable presumption that failure to make the 

disclosure(s) would be likely to mislead a consumer acting reasonably under the circumstances 

about the Defendant's ability or intent to take legal action to collect the debt and the consumer's 

rights in connection with such legal action. 

Provided further that, after one (1) year has lapsed after the date of entry of this Order, 

any competent and reliable evidence (including appropriate and adequate reports, studies, 

surveys, or other extrinsic evidence) relating to whether failure to make a subsequent 

disclosure(s) required under Part IV.C. of this Order is likely to mislead a consumer acting 

reasonably under the circumstances about the Defendant's ability or intent to take legal action to 

collect the debt and the consumer's rights in connection with such legal action shall constitute a 

change in circumstances, providing a party good cause to file a motion under Fed. R. Civ. P. 

60(b) to modify or amend the terms of Part IV.C. 

D. As required by Parts IV.A, B, and C, above, Defendant shall make the following 

Consent Decree, Page 12 of28 
disclosure(s), clearly and prominently, as applicable: 

1. When collecting on debt where the debt is not past the date for 

obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15 

U.S.C. § 1681c: 

• The law limits how long you can be sued on a debt. Because ofthe 

age of your debt, we will not sue you for it. If you do not pay the 

debt, we [Asset Acceptance, LLC], may [continue to] report it to 

the credit reporting agencies [as unpaid]. 

2. When collecting on debt where the debt is passed the date for 

obsolescence provided for in Section 605 (a) of the Fair Credit Reporting Act, 15 

U.S.C. § 1681c: 

The law limits how long you can be sued on a debt. Because of the 

age of your debt, we will not sue you for it, and we will not report 

it to any credit reporting agency. 

E. Defendant shall not make any representation or statement, or take any other action 

that interferes with, detracts from, contradicts, or otherwise undermines the disclosures required 

in Part IV.D, above. 

F. Defendant shall be deemed to have complied with the disclosure requirements of 

Part IV A, B, and C if Defendant makes a disclosure to consumers in a specific state, county, or 

city that 1) is required by the laws or regulations of that jurisdiction, 2) complies with those laws 

or regulations, and 3) is substantially similar to the disclosure(s) required in Part IV.D, above. 

Consent Decree, Page 13 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 13 of 28 PageID 77

disclosure(s), clearly and prominently, as applicable: 

I. When colJecting on debt where the debt is not past the date for 

obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15 

U.S.C. § 1681c: 

• The law limits how long you can be sued on a debt. Because of the 

age of your debt, we will not sue you for it. If you do not pay the 

debt, we [Asset Acceptance, LLC], may [continue to] report it to 

the credit reporting agencies [as unpaid]. 

2. When collecting on debt where the debt is passed the date for 

obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15 

U.S.C. § 1681c: 

• The law limits how long you can be sued on a debt. Because of the 

age of your debt, we will not sue you for it, and we will not report 

it to any credit reporting agency. 

E. Defendant shall not make any representation or statement, or take any other action 

that interferes with, detracts from, contradicts, or otherwise undermines the disclosures required 

in Part IV.D, above. 

F. Defendant shaH be deemed to have complied with the disclosure requirements of 

Part IV A, B, and C if Defendant makes a disclosure to consumers in a specific state, county, or 

city that 1) is required by the laws or regulations of that jurisdiction, 2) complies with those laws 

or regulations, and 3) is substantially similar to the disclosure(s) required in Part IV.D, above. 

Consent Decree, Page 13 of 28 
G. For any debt where the Defendant has provided the applicable disclosure(s) 

required by Parts IY.A, B, or C to the consumer, 

1. Defendant shall not initiate any arbitration or legal action to recover on 

such debt; 

2. In selling, transferring, or assigning such a debt, the Defendant shall not 

sell, transfer, or assign with the debt any right to commence any arbitration or 

legal action to recover on the debt. 

3. The Defendant shall include in all contracts to sell, transfer, or assign such 

debt a provision that contains a clear and prominent notification to the buyer, 

transferee, or assignee that: 

a. Defendant is not selling, transferring, or assigning all of its 

rights to collect the debt; and 

b. Defendant is expressly withholding from the sale, transfer, 

or assignment any rights it may have to initiate any 

arbitration or legal action to recover on the debt. 

4. The Defendant shall provide a copy of this Order to any person to whom 

Defendant sells, transfers, or assigns any such debt. 

H. Nothing in this Part shall be construed to supersede or be in lieu of any other 

applicable requirements, including but not limited to Section 809 of the FDCPA, or any state or 

local statutes. 

1. Defendant shaI1 be responsible for the requirements in Section IV forty-five (45) 

Consent Decree, Page 14 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 14 of 28 PageID 78

G. For any debt where the Defendant has provided the applicable disclosure(s) 

required by Parts IV.A, B, or C to the consumer, 

1. Defendant shall not initiate any arbitration or legal action to recover on 

such debt; 

2. In selling, transferring, or assigning such a debt, the Defendant shall not 

sel1, transfer, or assign with the debt any right to commence any arbitration or 

legal action to recover on the debt. 

3. The Defendant shall include in all contracts to sell, transfer, or assign such 

debt a provision that contains a clear and prominent notification to the buyer, 

transferee, or assignee that: 

a. Defendant is not selling, transferring, or assigning all of its 

rights to collect the debt; and 

b. Defendant is expressly withholding from the sale, transfer, 

or assignment any rights it may have to initiate any 

arbitration or legal action to recover on the debt. 

4. The Defendant shall provide a copy of this Order to any person to whom 

Defendant sells, transfers, or assigns any such debt. 

H. Nothing in this Part shall be construed to supersede or be in lieu of any other 

applicable requirements, including but not limited to Section 809 of the FDCPA, or any state or 

local statutes. 

I. Defendant shaI1 be responsible for the requirements in Section IV forty-five (45) 

Consent Decree, Page 14 of 28 
days after entry of this Decree. 

V. FURNISHING NEGATIVE INFORMATION TO CONSlUMER REPORTING 

AGENCIES 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from failing to provide, to any consumer about whom Defendant reports negative 

information to any consumer reporting agency, a written notice no later than thirty (30) days 

after furnishing such negative information. For purposes of this Part, Defendant shall no longer 

be deemed to have provided written notice if the notice is returned to Defendant as undeliverable. 

VI. INJUNCTION AGAINST FCRA VIOLATIONS 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees and all persons or entities in active concert or participation with any of them, who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, are 

hereby permanently restrained and enjoined from taking the following actions: 

A. Furnishing information relating to any consumer to any consumer reporting 

agency in violation of Section 623(a)(1) of the FCRA, 15 U.S.C. § 1681s-2(a)(1). 

B. Failing to investigate consumer disputes, as required by Section 623(b) of the 

, 

Consent Decree, Page 15 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 15 of 28 PageID 79

days after entry of this Decree. 

V. FURNISHING NEGATIVE INFORMATION TO CONSUMER REPORTING 

AGENCIES 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and aU persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby pennanently restrained and 

enjoined from failing to provide, to any consumer about whom Defendant reports negative 

information to any consumer reporting agency, a written notice no later than thirty (30) days 

after furnishing such negative information. For purposes of this Part, Defendant shall no longer 

be deemed to have provided written notice ifthe notice is returned to Defendant as undeliverable. 

VI. INJUNCTION AGAINST FCRA VIOLATIONS 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees and all persons or cntities in active concert or participation with any of them, who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, are 

hereby permanently restrained and enjoined from taking the following actions: 

A. Furnishing information relating to any consumer to any consumer reporting 

agency in violation of Section 623(a)(1) of the FCRA, 15 U.S.C. § 1681s-2(a)(1). 

B. Failing to investigate consumer disputes, as required by Section 623(b) of the 

, 

Consent Decree, Page 15 of28 
FCRA, 15 U.S.C. § 1681s-2(b), when consumer reporting agencies refer disputes to it pursuant 

to Section 611(a)(2), 15 U.S.C. § 1681i(a)(2). 

C. Failing to investigate consumer disputes received directly from consumers, as 

required by the Furnisher Rule, 16 C.F .R. Part 660 .• 

D. Failing to comply in any other respect with the FCRA. 

VIT. INJUNCTION AGAINST FDCPA VIOLATIONS 

IT IS FURTHER ORDERED that Defendant, and each of its officers,.agents, servants, 

employees and all persons or entities in active concert or participation with any of them who 

receive actual notice ofthis Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from taking the following actions: 

A. Communicating more than once with persons other than the consumer for the 

purpose of obtaining location information about the' consumer without the person's consent or a 

reasonable belief that the earlier response of the person was erroneous or incomplete and that the 

person now has correct or complete location information, in violation of Section 804(3) of the 

FDCPA, 15 U.S.C. § 1692b(3); 

B. Except as provided in Section 804 of the FDCPA, 15 U.S.C. § 1692b(3), without 

the prior consent of the consumer given directly to the debt collector, or the express permission 

of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment 

judicial remedy, communicating in connection with the collection of any debt with any person 

Consent Decree, Page 16 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 16 of 28 PageID 80

FCRA, 15 U.S.C. § 1681s-2(b), when consumer reporting agencies refer disputes to it pursuant 

to Section 6I1(a)(2), 15 U.S.C. § 1681i(a)(2). 

C. Failing to investigate consumer disputes received directly from consumers, as 

required by the Furnisher Rule, 16 C.F.R. Part 660.-

D. Failing to comply in any other respect with the FCRA. 

VIT. INJUNCTION AGAINST FDCPA VIOLATIONS 

IT IS FURTHER ORDERED that Defendant, and each of its officers,.agents, servants, 

employees and all persons or entities in active concert or participation with any of them who 

receive actual notice of this Decree by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, in 

connection with collecting or attempting to collect debts, are hereby permanently restrained and 

enjoined from taking the following actions: 

A. Communicating more than once with persons other than the consumer for the 

purpose of obtaining location information about the' consumer without the person's consent or a 

reasonable belief that the earlier response of the person was erroneous or incomplete and that the 

person now has correct or complete location information, in violation of Section 804(3) of the 

FDCPA, 15 U.S.C. § 1692b(3); 

B. Except as provided in Section 804 ofthe FDCPA, 15 U.S.C. § 1692b(3), without 

the prior consent of the consumer given directly to the debt collector, or the express permission 

of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment 

judicial remedy, communicating in connection with the collection of any debt with any person 

Consent Decree, Page 16 of 28 
other than the consumer, his or her attorney, a consumer reporting agency if otherwise permitted 

by law, the creditor, the attorney of the creditor, or the attorney of the debt collector, in violation 

of Section 805(b) of the FDCPA, 15 U.S.C. § 1692c(b). For the purpose of this Part VII, the 

term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, 

executor, or administrator; 

C. Using any false, deceptive, or misleading representation or means in connection 

with the collection of any debt, in violation of Section 807 of the FDCPA, 15 U.S.C. § 1692e, 

including, but not limited to, the following: 

1. Using a false representation concerning the character, amount, or legal 

status of any debt, in violation of Section 807(2)(A) of the FDCPA, 15 U.S.C. 

§ 1692e(2)(A); or 

2. Communicating credit information to consumer reporting agencies that 

Defendant knows, or should know, to be false, in violation of Section 807(8) of 

the FDCPA, 15 U.S.C. § 1692e(8); 

D. Continuing to collect on any debt without obtaining and providing to the 

consumer verification of the debt when the consumer has notified Defendant in writing within 

the thirty (30) day period described in Section 809(a) of the FDCPA, 15 U.S.C. §1692g(a), that 

the debt, or any portion thereof, is disputed, as prohibited by Section 809(b) of the FDCPA, 15 

U.S.C. §1692g(b); and 

E. Failing to comply in any other respect with the FDCPA, as attached and as 

hereafter amended. 

Consent Decree, Page 17 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 17 of 28 PageID 81

other than the consumer, his or her attorney, a consumer reporting agency if otherwise permitted 

by law, the creditor, the attorney of the creditor, or the attorney of the debt collector, in violation 

of Section 805(b) of the FDCPA, 15 U.S.C. § 1692c(b). For the purpose of this Part VII, the 

term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, 

executor, or administrator; 

C. Using any false, deceptive, or misleading representation or means in connection 

with the collection of any debt, in violation of Section 807 of the FDCPA, 15 U.S.C. § 1692e, 

including, but not limited to, the following: 

1. Using a false representation concerning the character, amount, or legal 

status of any debt, in violation of Section 807(2)(A) of the FDCPA, 15 U.S.C. 

§ 1692e(2)(A); or 

2. Communicating credit information to consumer reporting agencies that 

Defendant knows, or should know, to be false, in violation of Section 807(8) of 

the FDCPA, 15 U.S.C. § 1692e(8); 

D. Continuing to collect on any debt without obtaining and providing to the 

consumer verification of the debt when the consumer has notified Defendant in writing within 

the thirty (30) day period described in Section 809(a) of the FDCPA, 15 U.S.C. §1692g(a), that 

the debt, or any portion thereof, is disputed, as prohibited by Section 809(b) of the FDCPA, 15 

U.S.C. §1692g(b); and 

E. Failing to comply in any other respect with the FDCPA, as attached and as 

hereafter amended. 

Consent Decree, Page 17 of 28 
VIII. NOTICE REQUIREMENTS 

IT IS FURTHER ORDERED that: 

A. F or a period of five (5) years from the date of entry of this Decree, Defendant, 

whether acting directly or through any business entity, corporation, subsidiary, division, affiliate, 

agent, servant, officer, employee, or other device, in connection with acting as a "debt collector" 

in the collection of a "debt" from a "consumer," as those terms are defined in Section 803(6), (5), 

and (3), respectively, of the FDCPA, 15 U.S.C. § 1692a(6), (5), and (3), shall make the. following 

disclosure clearly and prominently on each written collection communication that is sent to a 

consumer for the purpose of collecting a debt: 

Federal law prohibits certain methods of debt collection, and 

requires that we treat you fairly. You can stop us from contacting 

you by writing a letter to us that tells us to stop the contact or that 

you refuse to pay the debt. Sending such a letter does not make the 

debt go away if you owe it. Once we receive your letter, we may 

not contact you again, except to let you know that there won't be 

any more contact or that we intend to take a specific action. 

If you have a complaint about the way we are collecting this debt, 

please write to us at [current physical address], email us at [current 

email address], or call us toll-free at [current phone number] 

between 9:00 A.M. and 5:00 P.M. Eastern Standard Time, Monday 

- Friday. 

The Federal Trade Commission enforces the Fair Debt Collection 

Practices Act (FDCPA). If you have a complaint about the way we 

are collecting your debt, please contact the FTC online at 

www.ftc.gov; by phone at 1-877-FTC-HELP; or by mail at 600 

Pennsylvania Ave., N.W., Washington, D.C. 20580. 

The above disclosure shall be given in the language(s) that appears in such communications sent 

Consent Decree, Page 18 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 18 of 28 PageID 82

VIII. NOTICE REQUIREMENTS 

IT IS FURTHER ORDERED that: 

A. For a period of five (5) years from the date of entry of this Decree, Defendant, 

whether acting directly or through any business entity, corporation, subsidiary, division, affiliate, 

agent, servant, officer, employee, or other device, in connection with acting as a "debt collector" 

in the collection of a "debt" from a "consumer," as those terms are defined in Section 803(6), (5), 

and (3), respectively, of the FDCPA, 15 U.S.C. § 1692a(6), (5), and (3), shall make the. following 

disclosure clearly and prominently on each written collection communication that is sent to a 

consumer for the purpose of collecting a debt: 

Federal law prohibits certain methods of debt collection, and 

requires that we treat you fairly . You can stop us from contacting 

you by writing a letter to us that tells us to stop the contact or that 

you refuse to pay the debt. Sending such a letter does not make the 

debt go away if you owe it. Once we receive your letter, we may 

not contact you again, except to let you know that there won't be 

any more contact or that we intend to take a specific action. 

If you have a complaint about the way we are collecting this debt, 

please write to us at [current physical address], email us at [current 

email address], or call us toll-free at [current phone number] 

between 9:00 A.M. and 5:00 P.M. Eastern Standard Time, Monday 

- Friday. 

The Federal Trade Commission enforces the Fair Debt Collection 

Practices Act (FDCPA). If you have a complaint about the way we 

are collecting your debt, please contact the FTC online at 

www.:ftc.gov; by phone at 1-877-FTC-HELP; or by mail at 600 

Pennsylvania Ave., N.W., Washington, D.C. 20580. 

The above disclosure shall be given in the language(s) that appears in such communications sent 

Consent Decree, Page 18 of 28 
to consumers. Defendant shall be responsible for the requirements in Part VIlLA forty-five (45) 

days after entry of this Decree. 

B. Defendant, whether acting directly or through any business entity, corporation, 

subsidiary, division, affiliate, agent, servant, officer, employee, or other device, in connection 

with acting as a "debt collector" in the collection of a "debt" from a "consumer," as those terms 

are defined in Section 803(6), (5), and (3), respectively, of the FDCPA, 15 U.S.C. § 1692a(6), 

(5), and (3), shall provide a copy ofthe following notice to all officers,servants, agents, and . 

employees having responsibility with respect to the collection of consumer debts, within 

thirty (30) days of the date of entry of this Decree, and to each officer, servant, agent, and 

employee hired for a period offive (5) years after that date, no later than the time the officer, 

servant, agent, and employee assumes responsibility with respect to the collection of such debts, 

and shall secure from each such person, within thirty (30) days of delivery, a signed and dated 

statement ac!mowledging receipt of a copy of the notice: 

Debt collectors must comply with the federal Fair Debt Collection 

Practices Act, which limits our activities in trying to collect money 

from consumers. 

In particular, Section 804 of the Act says that you may not contact 

any person other than the consumer for the purpose of acquiring 

location information about the consumer more than once unless 

you have reason to believe that the earlier response of the person 

was incomplete and that such person now has corrected or 

complete location information. 

Also, Section 805 of the Act says that you may not contact a 

consumer at work if you !mow or should !mow it is inconvenient 

for the consumer, and that you may not communicate with any 

person other than the consumer in connection with the collection of 

Consent Decree, Page 19 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 19 of 28 PageID 83

to consumers. Defendant shall be responsible for the requirements in Part VIlLA forty-five (45) 

days after entry of this Decree. 

B. Defendant, whether acting directly or through any business entity, corporation, 

subsidiary, division, affiliate, agent, servant, officer, employee, or other device, in connection 

with acting as a "debt collector" in the collection of a "debt" from a "consumer," as those terms 

are defined in Section 803(6), (5), and (3), respectively, of the FDCPA, 15 U.S.C. § 1692a(6), 

(5), and (3), shall provide a copy of the following notice to all officers,.servants, agents, and . 

employees having responsibility with respect to the collection of consumer debts, within 

thirty (30) days of the date of entry of this Decree, and to each officer, servant, agent, and 

employee hired for a period offive (5) years after that date, no later than the time the officer, 

servant, agent, and employee assumes responsibility with respect to the collection of such debts, 

and shall secure from each such person, within thirty (30) days of delivery, a signed and dated 

statement acknowledging receipt of a copy of the notice: 

Debt collectors must comply with the federal Fair Debt Collection 

Practices Act, which limits our activities in trying to collect money 

from consumers. 

In particular, Section 804 of the Act says that you may not contact 

any person other than the consumer for the purpose of acquiring 

location information about the consumer more than once unless 

. you have reason to believe that the earlier response of the person 

was incomplete and that such person now has corrected or 

complete location information. 

Also, Section 805 of the Act says that you may not contact a 

consumer at work if you know or should know it is inconvenient 

for the consumer, and that you may not communicate with any 

person other than the consumer in connection with the collection of 

Consent Decree, Page 19 of28 
a debt, for any purpose other than to obtain location information 

about the consumer. 

In addition, Section 806 of that Act states that you may not engage 

in any conduct the natural consequences of which is to harass, 

oppress or abuse any person in connection with the collection of a 

debt, including, but not limited to, using language the natural 

consequence of which is to abuse the hearer or reader. 

Furthermore, Section 807 of that Act prohibits the use of any false, 

deceptive or misleading representation or means in connection with 

the collection of any debt, including, but not limited to, 

communicating or threatening to communicate to a consumer 

reporting agency information which is known or which should be 

known to be false, including the failure to communicate that a 

disputed debt is disputed. 

Individual debt collectors may be financially liable for their 

violations of the Act. 

Provided that for purposes of compliance with Part VIII.B of this Decree, the signature 

required may be in the form of an electronic signature. 

IX. DISTRIBUTION OF CONSENT DECREE, NOTICE TO FURNISHERS OF 

INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA, AND 

THEFDCPABYDEFENDANT 

IT IS FURTHER ORDERED that: 

For a period of three (3) years from the date of entry of this Decree, Defendant shall 

deliver copies of the Decree, the FDCPA, and the FCRA as directed below: 

A. Defendant shall provide copies of this Decree, Notice to Furnishers of 

Information: Obligations of Furnishers Under the FCRA, 16 C.F.R. Part 698, Appendix G, and 

the FDCPA to all of its principals, officers, directors, and managers. Defendant must also deliver 

copies of this Decree, Notice to Furnishers oflnformation: Obligations of Furnishers Under the 

Consent Decree, Page 20 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 20 of 28 PageID 84

a debt, for any purpose other than to obtain location infonnation 

about the consumer. 

In addition, Section 806 of that Act states that you may not engage 

in any conduct the natural consequences of which is to harass, 

oppress or abuse any person in connection with the collection of a 

debt, including, but not limited to, using language the natural 

consequence of which is to abuse the hearer or reader. 

Furthennore, Section 807 of that Act prohibits the use of any false, 

deceptive or misleading representation or means in connection with 

the collection of any debt, including, but not limited to, 

communicating or threatening to communicate to a consumer 

reporting agency infonnation which is known or which should be 

known to be false, including the failure to communicate that a 

disputed debt is disputed. 

Individual debt collectors may be financially liable for their 

violations of the Act. 

Provided that for purposes of compliance with Part VI1I.B of this Decree, the signature 

required may be in the fonn of an electronic signature. 

IX. DISTRIBUTION OF CONSENT DECREE, NOTICE TO FURNISHERS OF 

INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA, AND 

THE FDCPA BY DEFENDANT 

IT IS FURTHER ORDERED that: 

For a period of three (3) years from the date of entry of this Decree, Defendant shall 

deliver copies of the Decree, the FDCP A, and the FCRA as directed below: 

A. Defendant shall provide copies of this Decree, Notice to Furnishers of 

Infonnation: Obligations of Furnishers Under the FCRA, 16 C.F .R. Part 698, Appendix G, and 

the FDCP A to all of its principals, officers, directors, and managers. Defendant must also deliver 

copies of this Decree, Notice to Furnishers of Infonnation: Obligations of Furnishers Under the 

Consent Decree, Page 20 of28 
FCRA, 16 C.F.R. Part 698, Appendix G, and the FDCPA to all of its employees, agents and 

representatives who engage in conduct related to the subject matter of this Decree. For current 

personnel, delivery shall be within five (5) days of service of this Decree upon Defendant. For 

new personnel, delivery shall occur prior to their assuming their responsibilities. For any 

business entity resulting from any change in structure set forth in Subsection A.2 of the Part titled 

"Compliance Reporting," delivery shall be at least ten (10) days prior to the change in structure. 

B. Defendant must secute a signed and dated statement acknowledging-receipt of this 

Decree, Notice to Furnishers ofInformation: Obligations of Furnishers Under the FCRA, 16 

C.F.R. Part 698, Appendix G, and the FDCPA, within thirty (30) days of delivery, from all 

persons receiving copies of such documents, pursuant to this Part. 

Provided that for purposes of compliance with Part. IX.B of this Decree, the signature 

required may be in the form of an electronic signature. 

x. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring and investigating 

compliance with any provision of this Decree: 

A. Within thirty (30) days of receipt of written notice from a representative of the 

Commission, Defendant shall submit additional written reports, which are true and accurate and 

sworn to under penalty of perjury; produce documents for inspection and copying; appear for 

deposition; and provide entry during normal business hours to any business location in 

Defendant's possession or direct or indirect control to inspect the business operation; 

B. In addition, the Commission is authorized to use all other lawful means, including 

Consent Decree, Page 21 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 21 of 28 PageID 85

FCRA, 16 C.F.R. Part 698, Appendix G, and the FDCPA to all ofits employees, agents and 

representatives who engage in conduct related to the subject matter of this Decree. For current 

personnel, delivery shall be within five (5) days of service of this Decree upon Defendant. For 

new personnel, delivery shall occur prior to their assuming their responsibilities. For any 

business entity resulting from any change in structure set forth in Subsection A.2 of the Part titled 

"Compliance Reporting," delivery shall be at least ten (10) days prior to the change in structure. 

B. Defendant must secute a signed and dated statement acknowledging .receipt of this 

Decree, Notice to Furnishers ofInformation: Obligations of Furnishers Under the FCRA, 16 

C.F.R. Part 698, Appendix G, and the FDCPA, within thirty (30) days of delivery, from all 

persons receiving copies of such documents, pursuant to this Part. 

Provided that for purposes of compliance with Part. lX.B of this Decree, the signature 

required may be in the form of an electronic signature. 

X. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring and investigating 

compliance with any provision of this Decree: 

A. Within thirty (30) days of receipt of written notice from a representative of the 

Commission, Defendant shall submit additional written reports, which are true and accurate and 

sworn to under penalty of perjury; produce documents for inspection and copying; appear for 

deposition; and provide entry during normal business hours to any business location in 

Defendant's possession or direct or indirect control to inspect the business operation; 

B. In addition, the Commission is authorized to use all other lawful means, including 

Consent Decree, Page 21 of28 
but not limited to: 

1. Obtaining discovery from any person, without further leave of court, using 

the procedures prescribed by Fed. R. Civ. P. 30, 31, 33, 34, 36, 45, and 69; and 

2. Having its representatives pose as consumers and suppliers to Defendant, 

their employees, or any other entity managed or controlled in whole or in part by 

Defendant, without the necessity of identification or prior notice; and 

C. Defendant shall permit representatives of the Commission to interview any. 

employer, consultant, independent contractor, representative, agent, or employee who has agreed 

to such an interview, relating in any way to any conduct subject to this Decree. The person 

interviewed may have counsel present. 

Provided, however, that nothing in this Decree shall limit the Commission's lawful use of 

compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-l, to 

obtain any documentary material, tangible things, testimony, or information relevant to unfair or 

deceptive acts or practices in or affecting commerce (within the meaning of 

15 U.S.C. § 4S(a)(1)). 

XI. COMPLIANCE REPORTING BY DEFENDANT 

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this 

Decree may be monitored: 

A. For a period of four (4) years from the date of entry of this Decree, Defendant 

shall notify the Commission of any changes in its structure or the structure of any business entity 

that Defendant directly or indirectly controls, or has an ownership interest in, that may affect 

Consent Decree, Page 22 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 22 of 28 PageID 86

but not limited to: 

1. Obtaining discovery from any person, without further leave of court, using 

the procedures prescribed by Fed. R. Civ. P. 30, 31, 33, 34, 36,45, and 69; and 

2. Having its representatives pose as consumers and suppliers to Defendant, 

their employees, or any other entity managed or controlled in whole or in part by 

Defendant, without the necessity of identification or prior notice; and 

C. Defendant shall permit representatives of the Commission to interview any. 

employer, consultant, independent contractor, representative, agent, or employee who has agreed 

to such an interview, relating in any way to any conduct subject to this Decree. The person 

interviewed may have counsel present. 

Provided, however, that nothing in this Decree shall limit the Commission's lawful use of 

compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-I, to 

obtain any documentary material, tangible things, testimony, or information relevant to unfair or 

deceptive acts or practices in or affecting commerce (within the meaning of 

15 U.S.C. § 45(a)(1)). 

XI. COMPLIANCE REPORTING BY DEFENDANT 

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this 

Decree may be monitored: 

A. For a period of four (4) years from the date of entry of this Decree, Defendant 

shall notify the Commission of any changes in its structure or the structure of any business entity 

that Defendant directly or indirectly controls, or has an ownership interest in, that may affect 

Consent Decree, Page 22 of 28 
compliance obligations arising under this Decree, including but not limited to: incorporation or 

other organization; a dissolution, assignment, sale, merger, or other action; the creation or 

dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this 

Decree; or a change in the business name or address, at least thirty (30) days prior to such 

change. 

Provided that, with respect to any such change in the business entity about which 

Defendant learns less than thirty (30) days prior to the date such action is to take place, . 

Defendant shall notify the Commission as soon as is practicable after obtaining such knowledge. 

B. One hundred eighty (180) days after the date of entry of this Decree and annually 

thereafter for a period of four (4) years, Defendant shall provide a written report to the FTC, 

which is true and accurate and sworn to under penalty of perjury, setting forth in detail the 

manner and form in which they have complied and are complying with this Decree. This report 

shall include, but not be limited to: 

1. A copy of each acknowledgment of receipt of employee notice obtained 

pursuant to Part VIII.B of this Decree: 

2. A copy of each acknowledgment of receipt of this Decree, Notice to 

Furnishers of Information: Obligations of Furnishers Under the FCRA, 16 C.F.R. 

Part 698, Appendix G, and FDCPA obtained pursuant to Section IX.B of this 

Decree; and 

3. Any other changes required to be reported pursuant to subsection A of this 

Part. 

Consent Decree, Page 23 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 23 of 28 PageID 87

compliance obligations arising under this Decree, including but not limited to: incorporation or 

other organization; a dissolution, assignment, sale, merger, or other action; the creation or 

dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this 

Decree; or a change in the business name or address, at least thirty (30) days prior to such 

change. 

Provided that, with respect to any such change in the business entity about which 

Defendant learns less than thirty (30) days prior to the date such action is to take place, . 

Defendant shall notify the Commission as soon as is practicable after obtaining such knowledge. 

B. One hundred eighty (180) days after the date of entry of this Decree and annually 

thereafter for a period of four (4) years, Defendant shall provide a written report to the FTC, 

which is true and accurate and sworn to under penalty of perjury, setting forth in detail the 

manner and form in which they have complied and are complying with this Decree. This report 

shall include, but not be limited to: 

1. A copy of each acknowledgment of receipt of employee notice obtained 

pursuant to Part VIILB ofthis Decree: 

2. A copy of each acknowledgment of receipt oftms Decree, Notice to 

Furnishers of Information: Obligations of Fum is hers Under the FCRA, 16 C.F .R. 

Part 698, Appendix G, and FDCPA obtained pursuant to Section IX.B of this 

Decree; and 

3. Any other changes required to be reported pursuant to subsection A of this 

Part. 

Consent Decree, Page 23 of28 
C. Defendant shall notify the Commission of the filing of a bankruptcy petition by 

Defendant within fifteen (15) days of filing. 

D. For purposes of this Decree, Defendant shall, unless otherwise directed by the 

Commission's authorized representatives, send by overnight courier all reports and notifications 

required by this Decree to the Commission, to the following address: 

ASSOCIATE DIRECTOR FOR ENFORCEMENT 

BUREAU OF CONSUMER PROTECTION 

FEDERAL TRADE COMMISSION 

600 PENNSYLVANIA AVENUE, N. W. 

VVASHrnNGTON,D.C.20580 

RE: United States v. Asset Acceptance, L.L.c., Civil Action No. 

Provided that, in lieu of overnight courier, Defendant may send such reports or 

notifications by first-class mail, but only if Defendant contemporaneously sends an electronic 

version of such report or notification to the Commission at: DEBrief@ftc.gov. 

E. For purposes of the compliance reporting and monitoring required by this Decree, 

the Commission is authorized to communicate directly with Defendant. 

XII. RECORD KEEPING PROVISIONS 

IT IS FURTHER ORDERED that, for a period of seven (7) years from the date of entry 

of this Decree, Defendant, for any of its businesses for which the primary activity is the 

collection of debts, is hereby restrained and enjoined from failing to create and retain the 

following records: 

A. Accounting records that reflect the revenues generated in connection with the 

collection of debts, and the disbursement of such revenues; 

Consent Decree, Page 24 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 24 of 28 PageID 88

C. Defendant shall notifY the Commission of the filing of a bankruptcy petition by 

Defendant within fifteen (15) days of filing. 

D. For purposes ofthis Decree, Defendant shall, unless otherwise directed by the 

Commission's authorized representatives, send by overnight courier all reports and notifications 

required by this Decree to the Commission, to the following address: 

ASSOCIATE DIRECfOR FOR ENFORCEMENT 

BUREAU OF CONSUMER PROTECTION 

FEDERAL TRADE COMMISSION 

600 PENNSYLVANIA AVENUE, N. W. 

WASfflNGTON, D.C. 20580 

RE: United States v. Asset Acceptance, L.L. C., Civil Action No. 

Provided that, in lieu of overnight courier, Defendant may send such reports or 

notifications by first-class mail, but only if Defendant contemporaneously sends an clectronic 

version of such report or notification to the Commission at: DEBrief@ftc.gov. 

E. For purposes of the compliance reporting and monitoring required by this Decree, 

the Commission is authorized to communicate directly with Defendant. 

XII. RECORD KEEPING PROVISIONS 

IT IS FURTHER ORDERED that, for a period of seven (7) years from the date of entry 

of this Decree, Defendant, for any of its businesses for which the primary activity is the 

collection of debts, is hereby restrained and enjoined from failing to create and retain the 

fonowing records: 

A. Accounting records that reflect the revenues generated in connection with the 

collection of debts, and the disbursement of such revenues; 

Consent Decree, Page 24 of 28 
B. Personnel records accurately reflecting: the name, address, and telephone number 

of each person employed in any capacity by such business, including as an independent 

contractor; that person's job title or position; the date upon which the person commenced work; 

and the date and reason for that person's termination, if applicable; 

C. Consumer files containing the names, addresses, phone numbers, dollar amounts 

of debt owed, records of collection activity, and amounts collected; 

D. For every consumer complaint, whether received directly, indirectly, or through a 

third party, records that include: 

1. Any complaint and the date received, and the nature of the complaint as 

reflected in any notes, logs, or memoranda, including a description of the conduct 

alleged; and 

2. The basis of the complaint, including the names of any debt collectors or 

supervisors complained about; the n~ture of any investigation conducted 

concerning the validity of any complaint; all documents relating to the disposition 

of the complaint, including records of all contacts with the consumer, Defendant's 

response to the complaint and the response date, whether the complaint was 

resolved, the date of resolution; and any action taken to correct the conduct 

complained about; 

E. Copies of all scripts, training materials, form letters and emails, or other materials 

used in connection with communicating to consumers; 

F. Copies of all advertisements and other marketing materials; and 

Consent Decree, Page 25 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 25 of 28 PageID 89

B. Personnel records accurately reflecting: the name, address, and telephone number 

of each person employed in any capacity by such business, including as an independent 

contractor; that person's job title or position; the date upon which the person commenced work; 

and the date and reason for that person's termination, if applicable; 

C. Consumer files containing the names, addresses, phone numbers, dollar amounts 

of debt owed, records of collection activity, and amounts collected; 

D. For every consumer complaint, whether received directly, indirectly, or through a 

third party, records that include: 

1. Any complaint and the date received, and the nature of the complaint as 

reflected in any notes, logs, or memoranda, including a description of the conduct 

alleged; and 

2. The basis of the complaint, including the names of any debt collectors or 

supervisors complained about; the n~ture of any investigation conducted 

concerning the validity of any complaint; all documents relating to the disposition 

of the complaint, including records of all contacts with the consumer, Defendant's 

response to the complaint and the response date, whether the complaint was 

resolved, the date of resolution; and any action taken to correct the conduct 

complained about; 

E. Copies of all scripts, training materials, form letters and emails, or other materials 

used in connection with communicating to consumers; 

F. Copies of all advertisements and other marketing materials; and 

Consent Decree, Page 25 of 28 
G. All records and documents necessary to demonstrate full compliance with each 

provision of this Decree, including, but not limited to, copies of acknowledgments of receipt of 

notices given to employees, required by Part VIII.B, copies of acknowledgments of receipt of this 

Decree, Notice to Furnishers ofInformation: Obligations of Furnishers Under the FCRA, 16 

C.F.R. Part 698, Appendix G, and the FDCPA, required by Part IX.B, and all reports submitted 

to the FTC pursuant to Part XI. 

XID. ACKNOWLEDGMENT OF RECEIPT OF CONSENT DECREE 

IT IS FURTHER ORDERED that Defendant, within five (5) business of receipt of this 

Decree as entered by the Court, must submit to the Commission a truthful sworn statement 

acknowledging receipt of this Decree. 

XIV. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for 

the purposes of construction, modification, and enforcement of this Decree. 

JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against Defendant, 

pursuant to all the terms and conditions recited above. 

Consent Decree, Page 26 of 28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 26 of 28 PageID 90

G. All records and documents necessary to demonstrate full compliance with each 

provision of this Decree, including, but not limited to, copies of acknowledgments of receipt of 

notices given to employees, required by Part VIII.B, copies of acknowledgments of receipt of this 

Decree, Notice to Furnishers ofInformation: Obligations of Furnishers Under the FCRA, 16 

C.F.R. Part 698, Appendix G, and the FDCPA, required by Part IX.B, and all reports submitted 

to the FTC pursuant to Part XI. 

xm. ACKNOWLEDGMENT OF RECEIPT OF CONSENT DECREE 

IT IS FURTHER ORDERED that Defendant, within five (5) business of receipt of this 

Decree as entered by the Court, must submit to the Commission a truthful sworn statement 

acknowledging receipt of this Decree. 

XIV. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for 

the purposes of construction, modification, and enforcement of this Decree. 

JlTDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against Defendant, 

pursuant to all the terms and conditions recited above. 

DATED: ~ 3) ,~'iol"]"--- ....,L.-::;;n.~~=-==::::::::::===------

Consent Decree, Page 26 of 28 
FOR PLAINTIFF UNITED STATES OF 

AMERICA: 

TONY WEST 

Assistant Attorney General 

MAAMEEWUSI-MENSAHFRIMPONG 

Acting Deputy Assistant Attorney General 

MICHAEL S. BLUME 

Director 

KENNETH L. JOST 

Deputy Director 

Consumer Protection Branch 

,.- ·SANG H. LEE 

ADRIENNE E. FOWLER 

Trial Attorneys 

Consumer Protection Branch 

U.S. Department of Justice 

POBox 386 

Washington, DC 20044-0386 

Te]ephone: 202-616-0219 

Fax: 202-514-8742 

Sang.H.Lee@usdoj.gov 

Adrienne.E.F owler@usdoj.gov 

Dated: I ( 30 /I:l-I 

FOR THE UNITED STATES 

FEDERAL TRADE COMMISSION: 

ROBERT ~~2.~~ J. HROEDER, DIRECTOR 

Northwest Region 

TRACY S. THORLEIFSON 

JULIE MAYER 

Attorneys 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Telephone: 206-220-630 

Fax: 206-220-6366 

tthorleifson@ftc.gov 

jmayer@ftc.gov 

Dated: r hoi 12.--' 

Consent Decree, Page 27 of28 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 27 of 28 PageID 91

FOR PLAINTIFF UNITED STATES OF 

AMERICA: 

TONY WEST 

Assistant Attorney General 

MAAMEEWUSI-MENSAHFRIMPONG 

Acting Deputy Assistant Attorney General 

MICHAEL S. BLUME 

Director 

KENNETII L. JOST 

Deputy Director 

Consumer Protection Branch 

SANG H. LEE 

ADRIENNE E. FOWLER 

Trial Attorneys 

Consumer Protection Branch 

U.S. Department of Justice 

POBox 386 

Washington, DC 20044-0386 

Telephone: 202-616-0219 

Fax: 202-514-8742 

Sang.H.Lee@usdoj.gov 

Adrienne.E.F owler@usdoj.gov 

Dated: I f I:l-I 

FOR THE UNITED STATES 

FEDERAL TRADE COMMISSION: 

ROBERT ~~2.~~ J. BROEDER, DIRECTOR 

Northwest Region 

TRACY S. THORLEIFSON 

JULIE MAYER 

Attorneys 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Telephone: 206-220-630 

Fax: 206-220-6366 

tthorleifson@ftc.gov 

jrnayer@ftc.gov 

Dated: ---..!....!.--~I_2...-' ____ _ 

Consent Decree, Page 27 of 28 
FOR THE DEFENDANT: 

EDWIN 

72·/~ L. HERBERT 

Vice President-General Counsel 

Asset Acceptance, LLC 

28405 Van Dyke 

Warren, MI 48093 

Telephone: 586-446-1782 

eherbert@assetacceptance.com 

COUNSEL FOR DEFENDANT: 

~~~ WILLIAM C. MACLEOD 

Kelley Drye & Warren LLP 

Washington Harbour, Suite 400, 3050 K Street, NW 

Washington, D.C. 20007 

Telephone: (202) 342-8811 

wmacleod@kelleydrye.com 

Dated: I /311/12-

Consent Decree, Page 28 of28 

- -, 

Case 8:12-cv-00182-JDW-EAJ Document 4 Filed 01/31/12 Page 28 of 28 PageID 92

FOR THE DEFENDANT: 

-? 2.!~ EDWIN L. HERBERT 

Vice President-General Counsel 

Asset Acceptance, LLC 

28405 VanDyke 

Warren, MI 48093 

Telephone: 586-446-1782 

eherbert@assetacceptance.com 

COUNSEL FOR DEFENDANT: 

~~~ WILLIAM C. MACLEOD 

Kelley Drye & Warren LLP 

Washington Harbour, Suite 400, 3050 K Street, NW 

Washington, D.C. 20007 

Telephone: (202) 342-8811 

wmacleod@keUeydrye.com 

Dated: ,13(1/12-

Consent Decree, Page 28 of28 

-.