Calls from ARS Portfolio Services, LLC raise a specific set of questions that most collection harassment articles do not answer: who exactly is calling you, what kind of account is involved, and which federal laws actually apply. ARS Portfolio Services is not a traditional collection agency. It operates primarily as a servicer in the automotive finance industry, doing business as defi Solutions, a company that manages vehicle titling, loan management, and payment processing for auto lenders across the country. When ARS Portfolio Services calls you, the account behind that call is almost certainly tied to an auto loan or retail installment contract not a credit card or medical bill. That distinction shapes the legal framework that governs their contact with you. But regardless of the account type, if those calls are excessive, threatening, deceptive, or conducted outside legal limits, you have rights.
Consumer Rights Law Firm PLLC has been stopping debt collector harassment since 2010. A+ BBB rated. Call (877) 700-5790 or visit our website for a free case evaluation. You pay nothing. If ARS Portfolio Services violated federal or state law, they pay our fees.
Who Is ARS Portfolio Services and Why Are They Calling?
In our practice, auto finance servicing calls raise a specific set of legal questions. The first question is whether the entity calling you is the original creditor’s servicer in which case the FDCPA may or may not apply depending on when the loan went into default or whether they are acting as a third-party debt collector, in which case the FDCPA applies in full. The second question is always whether the TCPA applies, because it covers all callers regardless of their relationship to the original creditor.
Is ARS Portfolio Services a Legitimate Company?
ARS Portfolio Services BBB Profile
The BBB is the primary verified consumer complaint source identified for ARS Portfolio Services, LLC. At the time of research, the company’s BBB profile showed zero complaints during the three-year reporting period. No other verified consumer-review or complaint records were identified that could reliably be attributed to ARS Portfolio Services, LLC.
The limited public complaint footprint may partly reflect the company’s role as a back-end auto finance servicer operating under the defi Solutions brand. Consumers dealing with vehicle-loan payments or servicing issues may recognize the name of their original lender or defi Solutions rather than ARS Portfolio Services. As a result, complaints may not necessarily be filed under the ARS Portfolio Services name.
However, a lack of online complaints does not mean the company has no regulatory history. The Connecticut Department of Banking issued a Consent Order concerning ARS’s operation as a sales finance company without the required Connecticut license. ARS agreed to pay a $10,000 civil penalty and $800 in back licensing fees and to cease unlicensed activity in Connecticut. Consumers who believe they have experienced problems with ARS Portfolio Services should distinguish between unverified online allegations and documented regulatory findings.
Source: Better Business Bureau
The Connecticut Department of Banking Consent Order
The most significant verified enforcement action involving ARS Portfolio Services is a Consent Order issued by the Connecticut Banking Commissioner on January 9, 2024.
In the Matter of ARS Portfolio Services, LLC, Connecticut Department of Banking Consent Order
What this means for you: If you are a Connecticut resident who received loan servicing contacts including payment demands, collection calls, or account administration from ARS Portfolio Services between December 2022 and the consent order date, and those contacts were made in connection with a retail installment contract or auto loan that ARS was servicing without a Connecticut license, you may wish to consult a consumer attorney about whether that unlicensed activity affects your rights under Connecticut state law. Connecticut’s debt collection and finance licensing laws carry their own consumer remedies independent of the FDCPA.
Does the FDCPA Apply to ARS Portfolio Services?
The Fair Debt Collection Practices Act (FDCPA) covers debt collectors entities that regularly collect debts owed to another party. It generally does not cover original creditors collecting their own debts, or servicers collecting debts that were not in default when the servicer relationship began.
ARS Portfolio Services, as a loan servicer, may fall into a gray area depending on the specifics of your situation:
- If ARS began servicing your account while it was current and is now collecting payments after default, it may not qualify as a “debt collector” under the FDCPA, because the FDCPA exempts servicers who obtained the account before it was in default.
- If ARS acquired or began servicing your account after it went into default, the FDCPA’s coverage applies in full ARS would be a debt collector subject to all FDCPA provisions.
- If a third-party collection agency was subsequently hired to pursue the balance on behalf of ARS or the auto lender, that agency is fully covered by the FDCPA regardless of when the account defaulted.
- The TCPA applies to all callers without exception. Whether ARS is an original servicer or a third-party collector, whether the account is in default or current, the TCPA prohibits automated and prerecorded calls to cell phones without prior express written consent. Each illegal automated call carries $500 to $1,500 in per-call statutory damages. If ARS has been calling your cell phone using an automated dialing system without your consent, that is a TCPA claim that does not depend on the FDCPA’s servicer question.
One thing consumers often misunderstand about auto loan servicer calls is that the TCPA does not make the same exceptions the FDCPA does. Whether ARS Portfolio Services is treated as an original creditor’s servicer or as a third-party collector under the FDCPA, the TCPA applies to every automated call they make to a cell phone without prior written consent. That is the starting point in every case we review involving an auto finance servicer.
Your Full Legal Rights When ARS Portfolio Services Is Contacting You
- Telephone Consumer Protection Act (TCPA): ARS Portfolio Services may violate the TCPA if it uses an autodialer or prerecorded voice to call your cell phone without the required prior express consent. Consumers can revoke consent verbally or in writing. Unlawful calls may carry $500â$1,500 in statutory damages per call.
- Fair Debt Collection Practices Act (FDCPA): If the account was already in default when ARS Portfolio Services began servicing or collecting it, or if ARS is acting as a third-party debt collector, the FDCPA may apply. Consumers may be entitled to actual damages, statutory damages of up to $1,000, and attorney fees.
- Fair Credit Reporting Act (FCRA): ARS Portfolio Services may violate the FCRA if it reports inaccurate information to credit bureaus such as an incorrect balance, payment history, or account status and fails to properly investigate a dispute. Consumers have the right to dispute inaccurate information.
- Truth in Lending Act (TILA): For accounts involving auto retail installment contracts, consumers may have TILA protections concerning disclosures such as APR, finance charges, total payments, and payment schedules. Missing or inaccurate disclosures may provide potential defenses or claims depending on the circumstances.
- Connecticut State Law: Connecticut consumers may have additional protections if ARS Portfolio Services contacted them during a period when the company was allegedly unlicensed to engage in collection activity. Such conduct may potentially support claims under Connecticut consumer-financial laws, depending on the facts and applicable licensing requirements.
- New York General Business Law §349: If ARS Portfolio Services engages in deceptive business practices in New York, consumers may have a claim under GBL §349. Potential remedies can include actual damages, statutory damages for willful violations, and attorney fees in appropriate circumstances.
ARS Portfolio Services Compliance Reference Table
| Situation | Applicable Law | Remedy |
|---|---|---|
| Automated or prerecorded call to cell phone without consent | TCPA, 47 U.S.C. §227 | $500 to $1,500 per call |
| Calls before 8:00 a.m. or after 9:00 p.m. (if FDCPA applies) | FDCPA §805(a)(1) | Up to $1,000 per violation |
| More than 7 calls in any 7-day period (if FDCPA applies) | Reg. F, 12 C.F.R. §1006.14 | Presumption of harassment; up to $1,000 |
| Continuing calls after written cease-and-desist (if FDCPA applies) | FDCPA §805(c) | Up to $1,000 per call after confirmed receipt |
| False or misleading representations about the debt (if FDCPA applies) | FDCPA §807 | Up to $1,000; actual damages |
| Failure to provide written validation notice within 5 days (if FDCPA applies) | FDCPA §809(a) | Up to $1,000; collection must halt |
| Inaccurate credit bureau reporting | FCRA §623(a)(1) | Actual damages; statutory damages; attorney fees |
| Undisclosed TILA loan terms in original auto financing | TILA, 15 U.S.C. §1601 et seq. | Statutory damages; rescission rights; attorney fees |
| Unlicensed collection contact in Connecticut (Dec. 2022 onward) | Conn. Gen. Stat. §36a-536 | State law remedies; regulatory complaint |
| Deceptive acts in New York | NY GBL §349 | Actual damages or $50; up to $1,000 for willful violations; attorney fees |
What To Do Next: 5 Steps When ARS Portfolio Services Is Calling You
- Step 1: Identify the exact entity calling and document every automated call. Confirm that the caller identifies itself as ARS Portfolio Services or defi Solutions at (800) 439-7604. Record every call: date, exact time, whether the call was automated or live, what was said, and whether a prerecorded message played. Do not delete voicemails from this number. Screenshot them and email them to yourself. TCPA claims are built on the count and character of automated calls, so every record matters from this moment forward.
- Step 2: Pull your original loan agreement and verify the account status timeline. Locate the retail installment contract or auto loan agreement from when you financed the vehicle. Confirm the date of first delinquency meaning the first payment you missed without curing it within the following billing cycle. If ARS Portfolio Services began servicing the account after that delinquency date, the FDCPA may apply in full. If they were servicing the account before default, the TCPA remains your primary federal remedy for automated calls.
- Step 3: Send a written revocation of TCPA consent by certified mail. Draft a clear written notice revoking any prior express consent you may have given for ARS Portfolio Services to contact your cell phone using automated dialing systems, prerecorded messages, or artificial voice technology. Send to: ARS Portfolio Services, LLC, 6400 Main Street, Suite 200, Williamsville, NY 14221. Certified mail only. Keep your receipt and tracking confirmation. After confirmed delivery, every subsequent automated call to your cell phone is a potential TCPA violation.
- Step 4: If the FDCPA applies, send a debt validation letter and consider a cease-and-desist. Send a debt validation letter by certified mail demanding the name of the original creditor, the current balance with itemized breakdown, the date of original delinquency, and documentation confirming the chain of servicing authority from the original lender to ARS. If calls are excessive, threatening, or come outside permitted hours, include a cease-and-desist demand in the same letter. Certified mail to the same Williamsville address.
- Step 5: File regulatory complaints and schedule a free legal evaluation. File with the FTC. File a CFPB complaint. File robocall complaints with the FCC. Connecticut residents can also file with the Connecticut Department of Banking. Or call Consumer Rights Law Firm PLLC at (877) 700-5790 or visit our website. When ARS violated federal or state law, they pay our fees. You pay nothing.
Consumer Rights Law Firm PLLC
Consumer Rights Law Firm PLLC represents consumers dealing with harassment and improper collection conduct from auto finance servicers, including ARS Portfolio Services, LLC and defi Solutions. Our firm has represented consumers since 2010 and holds an A+ rating with the Better Business Bureau. Every case is handled on contingency. No fees upfront. When the law is violated, the other side bears our costs.
Reach us at (877) 700-5790 or through our website.
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