Are you receiving repeated calls from American First Finance? Have your payments barely reduced your balance, or has your payoff amount unexpectedly increased? Many consumers report issues such as excessive collection calls, unauthorized bank withdrawals, growing balances despite timely payments, and continued contact after cease-and-desist requests. Depending on the circumstances, some of this conduct may violate federal or state consumer protection laws.
Consumer Rights Law Firm PLLC has been stopping debt collection harassment since 2010. A+ BBB rated. Call (877) 700-5790 or visit our website for a free case review. You pay nothing. If American First Finance broke the law, they pay our fees.
Quick Facts About American First Finance
| Detail | Information |
|---|---|
| Full Legal Name | American First Finance, LLC (also operates as American First Finance, Inc.) |
| Mailing Address | P.O. Box 565848, Dallas, TX 75356-5848 |
| Operational Address | 3515 N. Ridge Road, Suite 200, Wichita, KS 67205 |
| Founded | 2013 (incorporated April 15, 2013) |
| Parent Company | FirstCash Holdings, Inc. (Nasdaq: FCFS), acquired AFF in a $1.17 billion transaction in 2021 |
| Managing Member | First Cash, Inc. |
| President | Howard F. Hambleton |
| BBB Status | Not BBB Accredited |
| BBB Rating | A+ |
| BBB Complaints (3 years) | 478 total; 106 closed in the last 12 months |
| Customer Service Phone | (855) 721-1188 |
| Website | americanfirstfinance.com |
| Product Types | Virtual lease-to-own (LTO), retail installment sale agreements, point-of-sale retail financing |
| Banking Partner | FinWise Bank (some accounts serviced by AFF on behalf of FinWise) |
| Primary Regulatory License | Texas Office of Consumer Credit Commissioner, 2601 North Lamar Blvd., Austin, TX 78705, (800) 538-1579 |
| Who They Finance | Non-prime and credit-constrained consumers at affiliated retail merchants: auto repair shops, furniture stores, appliance retailers, electronics stores, tire shops |
Are American First Finance’s Collection Calls Considered Harassment?
How American First Finance Works?
American First Finance (AFF) is a point-of-sale financing company that partners with retailers such as furniture, appliance, tire, electronics, and auto repair stores, primarily serving consumers who may not qualify for traditional credit.
AFF generally offers two financing options:
- Lease-to-Own (LTO): Consumers can purchase the item early at a lower cost, but missing the early purchase window can significantly increase the total amount paid.
- Retail Installment Sale Agreement (RISA): A fixed-payment installment loan that may carry high interest rates, even when payments are presented as affordable weekly amounts.
Some accounts are financed or serviced directly by AFF, while others are serviced by AFF on behalf of FinWise Bank. Consumer advocates have raised concerns about certain lending practices associated with these programs, including high APRs, debt collection complaints, and credit reporting issues.
What our clients tell us when they first contact us about American First Finance is that they took out financing at a tire shop or a furniture store and thought they understood the deal. They made payments every month, on time, and months later the balance had barely moved or had actually gone up. That experience paying more than the original cash price and still being told you owe thousands is not an accident of the product. It is the product.
Is American First Finance Legitimate or a Scam?
American First Finance is a legitimate, licensed financing company and a wholly owned subsidiary of FirstCash Holdings, Inc. However, its legitimacy does not mean every collection practice or loan transaction complies with the law.
Consumer complaints and lawsuits have alleged issues including inadequate loan disclosures, unauthorized bank withdrawals, debt validation problems, inaccurate credit reporting, and aggressive collection practices.
If you receive a call claiming to be from American First Finance, verify the caller’s identity before making a payment or providing financial information. A legitimate representative should be able to identify the original merchant, your account details, and provide an itemized breakdown of the amount claimed to be owed.
BBB Complaints: What Consumers Are Actually Reporting
Source: Better Business Bureau profile
The Better Business Bureau profile for American First Finance shows 478 complaints in the last three years and 106 closed in the last 12 months. The company is not BBB Accredited. The complaint breakdown shows 209 billing issues, 157 service or repair issues, and 60 order issues. Here are three verified, specific complaints from the live BBB complaints page, in consumers’ own words.
- Complaint 1: Consumer alleges that after financing furniture through American First Finance, the payoff amount increased from approximately $726 to $5,131 after the Early Purchase Option deadline, despite regular payments, claiming the lease-to-own terms and potential cost increase were not clearly disclosed.
- Complaint 2: Consumer alleges that after making timely monthly payments on a financed bike, the remaining balance unexpectedly increased, prior payment history disappeared from the account, and they were only later informed the agreement required payoff within 101 days, a condition they say was never disclosed.
- Complaint 3: Consumer alleges that despite paying approximately $2,500 toward an emergency auto repair loan, the balance barely decreased, undisclosed daily charges and interest were applied, and they were unable to access their online account for over a month due to verification issues.
Federal Lawsuits Filed Against American First Finance
American First Finance has been named as a defendant in multiple federal consumer protection lawsuits. These are verified cases from public court records.
Source: CourtListener
Andrade v. American First Finance
Plaintiffs Maria Andrade and Shaun Caulkins filed a consumer complaint against American First Finance in the Northern District of California on November 7, 2018. The case proceeded through extensive discovery and pretrial litigation, including a contested motion to compel arbitration that AFF later withdrew. A federal court denied class certification in August 2022 in proceedings before Magistrate Judge Sallie Kim.
What this means for you: The denial of class certification does not mean individual claims fail. Many individual TILA and consumer protection claims remain viable even when class treatment is denied. The denial of class certification means each consumer may need to bring their own claim.
Source: Justia
Facio v. American First Finance
Plaintiff filed a class action complaint against American First Finance in the Northern District of California on October 20, 2021. The complaint alleged that AFF entered into a scheme with California merchants whereby consumers were deceived into receiving loans from an unlicensed lender in which the essential financing terms were undisclosed and interest rates exceeded California’s maximum statutory limits. The complaint specifically alleged violations of the Truth in Lending Act (TILA) and California’s Unfair Competition Law (Business & Professions Code §17200). One plaintiff paid 144.59% interest on his AFF account. The complaint alleged that at the time of purchase, Mr. Facio was neither informed that the sale was financed with AFF nor of the financing terms, and that had he known the interest rates, he would have refused to complete the transaction.
What this means for you: If you financed a purchase through an AFF-affiliated merchant and were not told at the point of sale that AFF was the lender, or were not given a clear disclosure of the APR, payment schedule, and total cost before signing, those facts may constitute TILA violations regardless of what the contract says. Full document access requires a PACER account.
Source: CourtListener
Shuey v. American First Finance
Plaintiff Robert Shuey filed a Truth in Lending Act complaint against American First Finance in the Middle District of Florida. The case originated in Hillsborough County state court and was removed to federal court by AFF on March 1, 2023. The case was assigned to Judge Steven D. Merryday and Magistrate Judge Thomas G. Wilson.
What this means for you: TILA litigation against AFF spans multiple federal districts. California and Florida are both represented in the public record. Florida consumers dealing with AFF have both TILA and the Florida Consumer Collection Practices Act (FCCPA) potentially available, as the FCCPA extends to creditors as well as third-party collectors.
Your Full Legal Rights When American First Finance Is Contacting You
- TCPA (Telephone Consumer Protection Act): Applies to original creditors like American First Finance. It restricts robocalls and prerecorded calls to cell phones without prior consent. Consumers may revoke consent at any time. Violations may result in $500 to $1,500 in statutory damages per illegal call.
- TILA (Truth in Lending Act): Requires clear disclosure of the APR, finance charges, total payments, and payment schedule before a credit agreement is finalized. Disclosure violations may entitle consumers to statutory damages, actual damages, and attorney fees.
- Texas Debt Collection Act (TDCA): Applies to American First Finance as a Texas-based original creditor. It prohibits deceptive, threatening, or unfair debt collection practices and provides Texas consumers with additional protections beyond federal law.
- California Rosenthal Fair Debt Collection Practices Act: Extends FDCPA-like protections to original creditors in California, allowing consumers to pursue claims for unlawful collection practices and recover up to $1,000 in statutory damages per violation.
- FCRA (Fair Credit Reporting Act): Protects consumers against inaccurate credit reporting, including incorrect balances, account status, or ownership. Credit furnishers must investigate disputes within 30 days.
- EFTA (Electronic Funds Transfer Act): Applies if American First Finance makes unauthorized electronic withdrawals from a consumer’s bank account. Violations may result in statutory damages, actual damages, and attorney fees.
One thing consumers often misunderstand is that the TILA disclosure obligation arises at the moment of the transaction not when the consumer later asks for a statement. If you were not given a written disclosure of the APR and total cost at the point of sale, the failure occurred then, and that is when the legal clock starts. The window to bring a TILA claim for damages is one year from the date of the violation, so timeliness matters.
American First Finance Violations
| Violation | Real Example From BBB/CFPB Record | Statute | Remedy |
|---|---|---|---|
| Automated calls to cell phone without consent | Robocalls from rotating numbers after consumer revoked consent | TCPA, 47 U.S.C. §227 | $500 to $1,500 per call |
| Continuing automated calls after written cease-and-desist | Continued AFF calls after certified C&D letter confirmed received | TCPA; Texas TDCA §392 | $500 to $1,500 per call; state damages |
| Failure to disclose APR and total cost before signing | Consumer not told financing company was AFF or the interest rate | TILA, 15 U.S.C. §1601 et seq. | Up to $1,000 statutory; actual damages; attorney fees |
| Unauthorized bank account withdrawal | AFF withdrew multiple amounts exceeding agreed payment, overdrafting account | EFTA, 15 U.S.C. §1693 | Minimum $100; actual damages; attorney fees |
| Payoff amount increase not disclosed in original agreement | Payoff jumped from $726 to $5,131 after missed Early Purchase Option deadline | TILA; Texas TDCA | Actual damages; statutory damages; attorney fees |
| Balance failing to decrease despite on-time payments | Paid $1,800 on a loan; balance reduced by only $207 due to undisclosed daily fees | TILA; TDCA §392.301 | Actual damages; statutory damages |
| Reporting inaccurate balance to credit bureaus | Account reported as open after payoff; balance not updated after overpayment | FCRA §623 | Actual damages; statutory damages; attorney fees |
| Collecting on a fraudulent account the consumer never opened | AFF pursuing debt on account opened through identity theft | FDCPA §807 (where third-party collector is involved); FCRA §623 | Up to $1,000; actual damages |
| Denying access to account portal; refusing paper statements | Consumer locked out of app; unable to verify balance or payment history | TILA; Texas TDCA | Actual damages; equitable relief |
| Calls outside 8:00 a.m. to 9:00 p.m. local time (when third-party collector involved) | Early morning or late-night calls from collector pursuing AFF debt | FDCPA §805(a)(1) | Up to $1,000 per violation |
What To Do Next: 5 Steps to Stop American First Finance Harassment
Step 1: Start a complete call and payment log today. For every AFF call, record the date, exact time, number that appeared on your screen, whether it was automated or a live person, and exactly what was said. Do not delete voicemails. Screenshot them and email them to yourself. Separately, document every payment you have made, date, amount, payment method and compare those payments against your stated balance. If your balance is not decreasing proportionally to your payments, you need that documentation in writing before you do anything else.
Step 2: Request a complete written account history. Send a written request by certified mail demanding a full itemized statement showing every payment received, every fee charged, every interest calculation, and the current payoff amount with an itemized breakdown. AFF’s mailing address is: P.O. Box 565848, Dallas, TX 75356-5848. Keep your certified mail receipt. If they refuse to provide a paper statement as documented in multiple CFPB complaints that refusal is itself a data point relevant to your legal claim.
Step 3: Revoke consent for automated calls in writing. Send a written revocation of consent by certified mail stating that you withdraw any consent you previously provided for American First Finance to contact your cell phone using automated dialing systems, prerecorded messages, or artificial voice technology. After confirmed delivery, every subsequent automated call to your cell phone may be a TCPA violation. This is separate from a cease-and-desist on the debt you are specifically revoking consent for automated contact.
Step 4: File regulatory complaints. File with the FTC. File with the CFPB. File robocall complaints with the FCC. If you are in Texas, file with the Texas Office of Consumer Credit Commissioner. If you are in California, file with the California Department of Financial Protection and Innovation (DFPI).
Step 5: Call a consumer attorney for a free case review. Call Consumer Rights Law Firm PLLC at (877) 700-5790 or visit our website. If AFF has violated TILA, the TCPA, the EFTA, or applicable state law, the applicable statutes provide for fee-shifting meaning AFF pays our attorney fees when we win. You pay nothing.
CONSUMER RIGHTS LAW FIRM PLLC
Consumer Rights Law Firm PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our services include helping clients secure compensation for any damages caused by aggressive debt collection tactics. Rather than suffer alone, contact our office to begin the process to stop the American First Finance harassment. Our office has been assisting consumers since 2010. We have an A+ rating with the Better Business Bureau.
If you are interested in learning more about how to safeguard yourself and prevent harassment from American First Finance call us at (877)700-5790 for immediate assistance or visit our website.
Success Stories
- âI was being harassed by a debt collector who called me constantly. They even started contacting my workplace, which was incredibly embarrassing. I reached out to Consumer Rights Law Firm PLLC, and they jumped into action right away. Within days, the calls stopped, and I finally felt peace again. They handled everything professionally and kept me informed every step of the way.â
- âI started getting repeated calls from a company about a debt that wasnât even mine. I told them multiple times they had the wrong person, but they wouldnât stop. Consumer Rights Law Firm PLLC helped me send a cease-and-desist letter, and took legal steps to hold them accountable. I didnât pay a dime, and the calls are gone.â
- âMy anxiety was through the roof from the constant robocalls and threats of wage garnishment. I wasnât sure where to turn. Consumer Rights Law Firm PLLC not only put an end to the harassment but also helped me understand my rights under the FDCPA. Their team is caring, knowledgeable, and highly effective.â
FAQs
Who is American First Finance?
American First Finance provides financing for retail purchases and services and may call regarding missed or overdue payments. If youâre receiving frequent calls, they likely believe you have an outstanding balance.
Is American First Finance a legitimate company or a scam?
Yes, they are a legitimate financing and loan provider. However, it’s important to verify any debt and understand your rights before making payments or sharing personal details.
Can American First Finance legally harass me with calls?
No, federal laws like the FDCPA and TCPA protect you from phone harassment. Repeated, unwanted, or threatening calls can be considered illegal, even from legitimate lenders.
What should I do if American First Finance keeps calling me?
Document every call and request written communication only. If the harassment continues, send a cease-and-desist letter and consider contacting a consumer protection attorney.
Can I sue American First Finance for debt collection harassment?
Yes, if they violate your rights through aggressive calls or robocalls without consent, you may be eligible to sue. You could recover damages under federal consumer protection laws.
Does American First Finance use robocalls or automated messages?
Many consumers report robocalls or frequent automated messages. If these calls were made without your prior consent, they may violate the TCPA.
Can American First Finance report to credit bureaus?
Yes, missed payments may be reported to credit bureaus and negatively impact your credit score. Resolving the debt or disputing any errors can help protect your credit.
How can I stop American First Finance from calling me?
You can request in writing that they stop calling and only contact you by mail. If they ignore your request, you can file complaints with the FTC, CFPB, or take legal action.
