Tag Archives: debt collectors
Debt Collectors Beware Federal Court Rules One Party Consent Telephone Recordings Are Okay
August 24th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
Over the last several years there has been an ongoing debate regarding the lawfulness of one party telephone conversation recording, such as recording a debt collector making illegal, abusive and threatening phone calls. To date consumers only had their own state laws one the legality of one-party consent phone calls (only one person being aware or consenting to the recording). The US 2nd circuit
Abusive and Stupid Debt Collector Headlines of the Week
August 20th, 2010. Published under Business Scams, Scams. No Comments.
Is Debt Collector H P & Associates of Jacksonville FL Violating the FDCPA?
August 2nd, 2010. Published under Business Scams. No Comments.
I received an email from an individual and from the tone of her email I felt that she was confused and afraid. Below is an excerpt from her email. “I received a call this evening from HPC collections, based out of Florida, claiming they were “releasing my case” to the local authorities to come collect the debt (me) by 7 PM if I did not pay the debt in full. This totally freaked me out and the “compliance officer” stated there was nothing he could do about it as “you don’t pay us”. Knowing they are a debt collection agency, I’m wondering who “I pay.” ~ Amy G. I did ask her to clarify the name of collection agency that called her and her response was that “ H P & Associates-HPC.
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Still Having Wages Garnished by Mann Bracken Debt Judgment? Here is What to Do
June 21st, 2010. Published under Scams. No Comments.
According to an attorney that is suing Mann Bracken on behalf of a consumer, Cory Zaidel has stated that consumers that are under a wage garnishment by Mann Bracken should file a motion to quash (set aside) the garnishment as the money being garnished may not be going to the creditor or debt buyer that obtained a judgment against them. “The claims are mounting,” said Towson consumer attorney Cory L. Zajdel, who is representing a Howard County woman in a suit against Mann Bracken for allegedly unfair debt-collection practices. Consumers whose wages are still being docked should file paperwork to quash the garnishment with the court that handled the case, Zajdel said. Maryland’s district courts have the necessary forms, he said. His concern is that money going to the defunct Mann Bracken might not make it to the creditors. ~ Baltimore Sun In addition the court appoint receiver for now defunct Mann Bracken may sue ‘parties’ that may have caused the demise of Mann Bracken. My personal opinion (Allen Harkleroad, author of Stick it to Sue Happy Debt Collectors ) would be to file a motion to Quash and/or a Motion to Vacate any prior judgments that Mann Bracken may have obtained against consumers, especially judgments with wage garnishments.
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Still Having Wages Garnished by Mann Bracken Debt Judgment? Here is What to Do
Pro Se Consumer Gets Default Judgment Vacated Using “Stick It To Sue Happy Debt Collectors” Book
June 18th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
I love reading success stories of consumers that have used my book “ Stick it to Sue Happy Debt Collectors ” to beat debt collection law firms that file lawsuits, but have no actual proof that a debt is owed. In this case a Pro Se consumer that purchased the book used what they learned to have a default judgment vacated. “I just wanted to let you know that we were able to remove a judgment after 6 months using your book helped my confidence and knowledge. After the hearing the lowlife attorney approached me to talk about it and i told him there’s nothing to talk about now but you will be in court where i sue you for fraud, FDCPA, FCRA and other violations. That felt soooo good!” ~ S. Brunelle 6/17/2010 Below is a link to the Motion they filed to get the judgment vacated, note that I have REDACTED personal information of the consumer to protect their privacy. View the Motion (PDF format) Consumers defending themselves can win in court and the book “Stick it to Sue Happy Debt Collectors” **WILL** show you how to do it yourself as a pro se defendant. Consumers don’t have to be afraid on debt collection lawsuits any more. I show you have to stick it right back to the debt collectors and their greedy attorneys that will do anything to get a judgment. Here are what other consumers that bought the book have to say (one is a consumer attorney!): “I knew nothing about any of this and I feel like I’ve gotten quite an education following your book. I’m still learning and don’t understand some of the stuff. But talk about sticking it to them….WOW…. after typing up my Discovery to the Plaintiff. I know why you never had to go any further in any of your cases, you stuck it to them alright ! The most dedicated person would throw in the towel rather then gather all that evidence.” ~Petra K. “Thanks for taking the time to write and publish your book. As a someone who has been studying this issue for quite sometime, I can say without circumlocution that your book is hands down the BEST currently available on the market. Indeed, I recognize much of the research in it having spent countless hours over the past 2 years researching debt collection defense, federal consumer rights statutes such as the FDCPA and the FCRA, the “consumer bibles” available from the National Consumer Law Center, et cetera.” ~ CJ Mandolin “Allen’s book is truly the “Holy Grail” for fighting ruthless debt collectors. Most of the examples in the book can be used as is, or slightly modified for your particular state. It will take a little work on your part, but with internet research and Allen’s guidance, your confidence and ability to fight your way out of a debt burden changes from being on the defensive, taking all the collection blows, to going on the offensive with the information you will need to win. Knowledge is power and Allen’s book is filled with the right knowledge and power. Allen also provides the strategy you need. Once you know how the game is played, you will be more effective. Also he gives an excellent explanation of the examples he uses.” ~ Bob P. “I just got out of court, and thanks to the information we learned in your book, I was able to have the judgment vacated. I am starting from scratch in answering the original summons, and will be employing the tips from your book in my response. Thank you so much for all of the help you have provided.” Best Wishes, Kerri A. “Thanks again for the inspiration to use the real party in interest defense in a motion to dismiss, and for the asset-backed securities info. I do think that some judges will be sympathetic to this. If nothing else, it gives us another issue to turn the tables on the collection agencies after they file their motions for summary judgment. Very good resource for pro-se debtors. Following the instructions in this book should win most creditor lawsuits.” ~ Attorney Brett W. Clark, Niketas & Clark, LLP www.NiketasLaw.com “Thank you, with your book I won my first case now working on the next.” ~ H Dodson “Allen you ROCK!!! Dan and I were saying today just how blessed we feel to have found you and your book!” ~ Charlotte V. “I meant to tell you that I read the book on Friday and it is incredible. I love the motion to dismiss. Powerful and easy to understand.” ~ Barbara www.nextlevelunlimited.net “Hi Allen, I got it downloaded just fine and am finding it astoundingly useful. Gives me some hope that I have a chance to defend my cases. I wish I had come across this book before I filed my answer, but I think I did well enough to keep the pressure on. Thanks again for the help. Much appreciated, and well worth the price.” ~ Rick T. “What can I say – this book instantly saved my life! Mr. Harkleroad is “one of us.” He’s been there, done that, and he knows how hideous it feels to be victimized by aggressive Debt Collectors. He writes with common sense and expertise – a rare combination. After spending hours online trying to come up with my own solution, I took a chance and purchased this book and I am so glad I did. Why shouldn’t I do everything legally possible to protect myself? These are real, practical and proven solutions. Many thanks to Allen Harkleroad for helping to empower hard-working people and level the playing field against the Debt Collecting Goliaths.” ~ J. Silva “One of the invaluable characteristics of a great man or woman is their ability to “discern the times” and provide for what is needed in that season. Truly, Allen possesses that ability! His discernment of the times is vividly displayed in his “RIGHT ON TIME” book, “How to Stick It to Sue Happy Debt Collectors”! This book came to me in one of those “need it now” moments and after devouring the first 50 pages, I sat with jaw dropped at the information contained within these pages. How could so much information be out there without my knowing about it? Why have I felt so defeated as I swam against the tide of Debt? Quoting my favorite author, I will tell you how..”My people are destroyed by lack of knowledge!” Hosea 4:6. As I sat with bills in hand, and the phone ringing off the hook, watching gov’t bail outs of bank after bank, I would often ask myself “who is looking out for the little guy?” I have found him! Allen Harkleroad! The information provided in this book is not simply “he said, she said” second hand information that sounds good on paper. This book contains tried and true step-by-step tactics formed from investigation that would take years for the “common man” to pull together. (And he did!). Allen has implemented this information into his own situations, stood as David against Goliath, and WON!!!
Debt Collector Hanna and Associates Wins Battle with Georgia, Ultimately loses the War
June 12th, 2010. Published under Business Scams, Fraud. No Comments.
A recent State of Georgia Appeals Court ruling ( STATE v. FREDERICK J. HANNA & ASSOCIATES, P.C. ) handed Frederick J. Hanna an (albeit) small victory that prevents the Georgia Office of Consumer Affairs (GA OCA) from obtaining records that may have shown that the debt collection law firm may have abused consumers, violated the Georgia Business Practices Act and the Federal Fair Debt Collection Practices Act. The ruling doesn’t prevent consumers from filing suit against the debt collector, as the decision boiled down to the fact that only the Georgia Supreme court can regulate the practice of law. I am quite sure Frederick Hanna and his attorney’s are sitting at their desks with smug smiles on their faces and slapping each other on the back. While the law firm may have won the battle with the State of Georgia for the moment, ultimately they have lost the war. “The trial court defeated the OCA’s attempt to compel the law firm’s compliance with its investigative demand by dismissing the lawsuit OCA filed. The Georgia Supreme Court affirmed the trial court’s decision, finding in part that it was an attempt to regulate the practice of law — something that is entirely within the jurisdiction of the Georgia Supreme Court to do. This is a technical way to defeat consumer protection. I agree with Justice Melton’s dissent, but we are in the minority. I note that this was a 4:3 decision. Not a landslide but, for now at least, the law in this state.” ~ Georgia Consumer Protection Attorney Joseph Segui I am quite sure that Georgia state legislators are now seeing that this legal loophole that could allow debt collection law firms to abuse consumers without fear of legal retribution is a big problem. I wouldn’t be surprised that in the near future Georgia Senators and Representatives will draft a change in the law or create new consumer protection laws to put a stop to the abuse by lawyers in the debt collection business. Who knows we may even finally see the State of Georgia more strictly regulate the debt collection industry in the state. One thing is for sure Frederick J. Hanna and Associates are now going to be a target in all of the states they do business in and with the Federal Trade Commission (FTC). Besides suing abusive debt collector attorneys, consumers can also file Bar Association complaints against lawyers that violate the law, violate ethics, or abuse the legal system to collect debts. Attorney’s and law firms hate to get sued and their second biggest fear is getting suspended or disbarred from practicing law. It only takes a few minutes to contact a particular states Bar Association to request complaint/grievance forms. The more complaints that are filed the more apt are the State Bar Associations to take action. I myself have filed several complaints against debt collection attorney’s as well as filed suit against collection law firms. The more consumers that do, the less consumer abuse that will occur. Stand up consumers and fight back, it’s the only way to beat them at their own game.Stand up consumers and fight back, it’s the only way to beat them at their own game. If you want to beat debt collection law firms then read this book, Stick it to Sue Happy Debt Collectors , you’ll be glad you did.
Ecash and GeteCash Payday Lender Charged by FTC with Deceiving Employers in Scheme to Collect Debts
April 7th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
The Federal Trade Commission has charged a payday loan operation with illegally trying to garnish borrowers’ wages and using other illegal debt-collection practices. The FTC seeks to stop these practices and require the operators to surrender improperly collected money so it can be used for consumer refunds. According to the FTC’s complaint, the operators do business as Ecash and GeteCash, offering loans of up to $1,000 to be repaid from a borrower’s upcoming paycheck. They require online loan applicants to check a box indicating their agreement with loan terms. These terms include an inconspicuous statement consumers often don’t see, which states that their wages will be garnished to cover delinquent loan payments. The statement allegedly attempts to circumvent federal requirements, including a debtor’s right to revoke a garnishment agreement. U.S. law allows federal agencies to require employers to garnish employees’ wages without a court order when the employees owe the government money. According to the complaint, in letters to employers, GeteCash tries to pass itself off as having the same collection rights as the government. The FTC’s complaint also alleges that GeteCash falsely stated that consumers knew their pay would be garnished and had an opportunity to dispute the debt. In addition, GeteCash allegedly violated the law when it told employers and co-workers about consumers’ debt without their consent. The FTC alleges that, in carrying out their scheme, the operators violated the FTC Act, the Fair Debt Collection Practices Act, and the Credit Practices Rule. The defendants are Eastbrook LLC, also doing business as Ecash and GeteCash; LoanPointe LLC; Joe S. Strom; Benjamin J. Lonsdale; James C. Endicott; and Mark S. Lofgren. Eastbrook, LoanPointe, and Strom have agreed to a preliminary injunction barring them from further unlawful practices. The Commission vote to file the complaint was 4-0. It was filed in the U.S. District Court for the District of Utah, Central Division on March 15, 2010. The FTC would like to acknowledge the assistance of the Financial Management Service of the U.S. Department of the Treasury and the Idaho Department of Finance. NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendants have actually violated the law. The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics .
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Ecash and GeteCash Payday Lender Charged by FTC with Deceiving Employers in Scheme to Collect Debts
Legal Precedents (Decisions) to Use When Fighting Junk Debt Collector Lawsuits
March 31st, 2010. Published under Scams. No Comments.
DISCLAIMER: I’m not an attorney and this isn’t legal advice. It is for informational purposes only. Legal information is not legal advice. ~ Allen Harkleroad I’ve been receiving a lot of email regarding Junk Debt Buy collection lawsuits. In nearly all cases the junk debt buyer seems to be manufacturing documents to use in court, or creating questionable affidavits and filing them. In nearly all cases these affidavits of account or record are hearsay be default. However if it were me I would file a sworn graduated denial with the court ( read my book ), to in effect make all affidavits filed by the junk debt collector heresy. If you do not contest the affidavits or questionable exhibits many times a judge won’t rule on them and by default allow the documents. You must question them all in court so that a judge will exclude or not allow them. Below are several legal precedents (legal decisions) that may cite as objections, and/or motions or briefs that you may in the course of defending yourself in court. Affidavits are often submitted to prove default that are conclusory and insufficient. Manufacturers & Traders Trust Co. v. Medina, 01 C 768, 2001 WL 1558278, 2001 U.S. Dist. LEXIS 20409 (N.D.Ill., Dec. 5, 2001); Cole Taylor Bank v. Corrigan, 230 Ill.App.3d 122, 129, 595 N.E.2d 177, 181-82 (2nd Dist. 1992) (where bank officer’s “affidavit essentially consisted of a summary of unnamed records at the bank,” unaccompanied by records themselves and unsupported by facts establishing basis of officer’s knowledge, foundation was lacking for admission of officer’s opinion regarding amount due on loan); Asset Acceptance Corp. v. Proctor, 156 Ohio App. 3d 60; 804 N.E.2d 975 (2004). Computer-generated bank records or testimony based thereon are often offered without proper foundation, or are summarized without being introduced. Manufacturers & Traders Trust Co. v. Medina, supra; FDIC v. Carabetta, 55 Conn.App. 369, 739 A.2d 301 (1999), leave to appeal denied, 251 Conn. 927; 742 A.2d 362 (1999). A witness cannot “testify” by regurgitating the content of business records that a witness has reviewed when the witness has not seen or heard the events in question. Such regurgitation is hearsay, plain and simple. Wahad v. Federal Bureau of Investigation, 179 F.R.D. 429, 438 (S.D.N.Y 1998); In re McLemore, 2004 Ohio 680, 2004 Ohio App. LEXIS 591, *P9 (Ohio App. 2004); Nebraska v. Ward, 510 N.W.2d 320, 324 (Neb. App. 1993).. “There is no hearsay exception . . . that allows a witness to give hearsay testimony of the content of business records based only upon a review of the records.” Grant v. Forgash, 1995 Ohio App. LEXIS 5900, *13 (Ohio App. 1995). See generally, Trujillo v. Apple Computer, 578 F. Supp. 2d 979 (N.D.Ill. 2008), condemning the inclusion in an affidavit of information supplied by others. A good case (from the debtor’s perspective) involving debt buyer affidavits is Luke v. Unifund CCR Partners, No. 2-06-444-CV, 2007 Tex.App. LEXIS 7096 (2nd Dist. Ft. Worth Aug. 31, 2007). In Unifund CCR Partners v. Cavender, No. 2007-CC-3040, 14 Fla.L. Weekly Supp. 975b (Orange Cty. July 20, 2007), the court held that a debt buyer “assignment” that does not refer to specific accounts does not establish ownership by the plaintiff, nor is testimony based on a computer screen sufficient National Check Bureau v. Ruth, No. 24241, 2009 Ohio 4171 (Ct. App., 9th Dist., Aug. 19, 2009) (document referring to transfer of accounts on Exhibit 1, without Exhibit 1, not sufficient to “prove the assignment”). “Generic” contracts that cannot be identified as pertaining to the specific account sued upon, Velocity Investments, LLC v. Alston, 2-08-746 (2nd Dist., Jan. 15, 2010), supra. Filing a single lawsuit without having in hand the means of proving it is not a violation of the FDCPA (Harvey v. Great Seneca Financial Corp., 453 F.3d 324, 330 (6th Cir. 2006)), but a practice of filing lawsuits with the intent of dismissing them if they are contested may be a violation of the FDCPA (Mello v. Great Seneca Financial Corp., 526 F.Supp.2d 1020 (C.D.Cal. 2007)). Source: Collection Defense February 2010 PDF , this document written by attorney Daniel A. Edelman has a large amount of debt buyer defenses, legal citations and other collection case information including examples of FDCPA violations. Anyone that is fighting debt collectors, especially junk debt buyers should review the document and consider making use of the legal precedents contained in it. For more information on how to fight debt lawsuits yourself (Pro Se) and beating debt collectors, be sure to read my (Allen Harkleroad) book, “ Stick it to Sue Happy Debt Collectors ”.
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Legal Precedents (Decisions) to Use When Fighting Junk Debt Collector Lawsuits
Beware of Debt Collection Scam Phone Calls
March 22nd, 2010. Published under Business Scams, Fraud, Scams. No Comments.
There has been a lot of news and complaints about fake debt collectors scamming unwary consumers or non-existent debts. Any time a debt collector calls you and demands money over the phone, tell them to put the demand in writing. No matter how many times they call, tell them the same thing, be adamant. If they are scammers they’ll eventually give up. If they are abusive real collectors eventually they’ll get the message that their tactics aren’t going to work. Often the scammers will tell you that unless you pay them you will be put in jail and then require you to use Western Union or other wire service to pay them. Never pay a debt whether real or imagined using a money transfer service. Never give financial any financial information over the phone to any sort of collections company, no matter what. Especially cold callers that demand money. If in doubt just hang up. Block the number if possible or let it go to voice mail. You aren’t required by law to talk to a debt collector, and that goes double for scammers. Hopefully they’ll leave threats on your answering machine that can be used as evidence. Be savvy, don’t give in and tell them to put it in writing.
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Beware of Debt Collection Scam Phone Calls
Actual Debt Collectors Violating the Fair Debt Collections Practices Act
March 11th, 2010. Published under Business Scams, Fraud. No Comments.
Debt collectors violate the Fair Debt Collection Practices Act (FDPCA) all the time. It’s time to name and shame a couple of them. Of course I reported these to the Federal Trade Commission ( www.ftc.gov ) but to date the FTC hasn’t done diddle about them. First we have “Agent Washington” of UCB (United Collection Bureau) claiming to be a law enforcement officer, claiming to have paperwork in the Bulloch County State Attorneys Office First off credit card debt is a civil matter, not criminal. Everything about this phone call are multiple violations of the FDCPA. Listen to my conversation with Agent Washington (MP3 format). She even called my next door neighbor while I was talking with the idiot. If I knew then what I knew now I would have owned United Collection Bureau. Next up is West Management claiming Fraud Charges. The caller claims to be
Evidently I am a Creditor for the Now Defunct Debt Collector Mann Bracken LLC
March 5th, 2010. Published under Business Scams, Scams. No Comments.
I received a letter today from the receiver of the now defunct debt collector Mann Bracken LLC. I am assuming I am receiving the notice below because I filed a lawsuit against Mann Bracken for multiple violations of the Fair Debt Collection Practices Act (FDCPA). I am in discussions with a consumer protection attorney on how to proceed and file a claim against the estate of Mann Bracken, LLC (702 King Farm Boulevard, Rockville Maryland). If nothing else it is good to know the tables are turned and Mann Bracken is out of business for good.
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Evidently I am a Creditor for the Now Defunct Debt Collector Mann Bracken LLC
Florida Consumer Turns Tables On Debt Collector — Sued For $800.00 Dollars, Consumer Collects $120,000.00 Dollars From Debt Collector – CapitalOne Laywers Screwed
March 1st, 2010. Published under Business Scams. No Comments.
Florida Consumer Turns Tables On Debt Collector — Sued For $800.00 Dollars, Consumer Collects $120,000.00 Dollars From Debt Collector Boca Raton resident Steven J. Pincus incurred legal fees in excess of $100,000.00 dollars defending an alleged credit card debt of $800.00 dollars. Pincus later sued the debt collector in federal court for filing a time-barred lawsuit, a violation of the Fair Debt Collection Practices Act. The debt collector settled the matter for $120,000.00 dollars on February 15, 2010.
Attention Former Debt Collection Employees – I am looking for Debt Collection Policies that Advocate Illegal Collection Tactics
March 1st, 2010. Published under Business Scams, Fraud, Scams. No Comments.
To anyone in the debt collection industry, especially former debt collection employees. We am looking for official company internal documents that advocate the use of illegal debt collection tactics to collect debts. There is a CASH reward for verifiable documents that show proof that a debt collection company actively advocates illegal collection tactics. Use this contact form to contact us and to attach documents. Today could be your “pay day”. It’s time that bad debt collection companies are exposed for what they really are. All contact will be confidential.
Federal Trade Commission Issues Report of 2009 Top Consumer Complaints – Debt Collection #2
February 24th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
What bothers me the most is that debt collection complaints ranks number 2, the Federal Trade Commission received 119,549 complaints and only a handful of enforcement actions in 2009. As far as I am concerned the Federal Trade Commission is as useless as “tits on a boar hog” in regards to enforcing the FDCPA and FCRA. Congress needs to light a fire under the FTC or vote the new consumer protection agency into power. —- The Federal Trade Commission today released a report listing top complaints consumers filed with the agency in 2009. It shows that while identity theft remains the top complaint category, identity theft complaints declined 5 percentage points from 2008. The FTC is releasing a new animated video showing how people can file a complaint, and offers examples of what complaints the FTC handles. To watch the video, visit http://ftc.gov/multimedia/video/scam-watch/file-a-complaint.shtm (also available in Spanish at http://ftc.gov/multimedia/video/scam-watch/file-a-complaint_es.shtm ). The report breaks out complaint data on a state-by-state basis and also contains data about the 50 metropolitan areas reporting the highest per capita incidence of fraud and other complaints. In addition, the 50 metropolitan areas reporting the highest incidence of identity theft are noted. The top complaints were: Rank | Category
Minnesota Legislature to Target Debt Buyers
February 23rd, 2010. Published under Business Scams, Fraud. No Comments.
From Inside ARM , the Minnesota state legislature introduced legislation that would put debt buyers under the same laws and debt collectors and increase fines for violations. A bill introduced last week in the Minnesota House of Representatives — and its companion bill in the Senate — specifically target debt buyers, placing new guidelines on the collection activity of purchased debt and the verification process used by accounts receivable management firms. The bills, HF2996 proposed by Rep. Joe Mullery of Minneapolis and SF2689 authored by Sen. Ron Latz of St. Louis Park, would require debt buyers filing collection lawsuits to produce an assortment of documents proving that borrowers being sued actually owe the unpaid debts. ~ Inside ARM Debt Buyers (Junk Debt) often pimp out their collections to hungry cash-strapped debt collection law firms and questionable debt collection companies to collect debts. Often these third party law firms and collection companies violate a consumers rights. Debt buyers are rarely named as defendants in consumer civil complaints. It is time for all states to enact similar legislation and further regulate the debt collection industry since the Federal Trade Commission (FTC) seems to overlook all but the most egregious violators. State budgets right now are tight and regulating or enforcement of the collection industry would help boost cash flow for states. This type of regulation and enforcement is the only way
West Virginia AG Settles With Debt Collectors
February 23rd, 2010. Published under Business Scams, Fraud. No Comments.
According to the State Journal , West Virginia Attorney General Darrell McGraw has reached settlements with three companies that used very different approaches to collect debts that were often disputed, sometimes non-existent, and in the case of one company, so old that the time to sue had expired. The three companies – Allied Interstate of Minneapolis, Minn; Jefferson Capital Systems of St. Cloud, Minn; and Wilhelm, West, Kacey & Associates (WWKA), of Canton, Ga. – promised to conform their practices with state and federal debt collection laws in the future. Collectively, they agreed to make restitution, cash refunds, and to cancel debts totaling $404,091.48 for 446 West Virginia consumers. Anyone wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 800-368-8808. Read the full story on the State Journal .
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West Virginia AG Settles With Debt Collectors
Debt Collectors Call Me a Credit Terrorist, I Call Abusive Debt Collectors Consumer Terrorists
February 10th, 2010. Published under Business Scams, Fraud. No Comments.
The debt collection industry defines consumers that fight back as “credit terrorists”. I as a consumer do fight abusive collectors, often times sue collectors for breaking the law. I fight *ALL* debt lawsuits and force collection law firms to prove the debt. To date none of the attorneys that have sued me have physically proven a debt. Zip, Nada, None. If you are going to sue me, be prepared to prove it, I don’t roll over for anyone. Henceforth, I have coined the terms “Consumer Terrorist” and “Consumer Terrorism”. Anyone in the collection industry that engages in abuse or harassment of a consumer is a “consumer terrorist” and actively engage in “consumer terrorism”. First let’s take a look at the definitions of terrorist and terrorism: Terrorism (noun): The use of violence and threats to intimidate or coerce… Terrorist (noun): 1. a person, usually a member of a group, who uses or advocates terrorism. 2. a person who terrorizes or frightens others. Sound like a debt collectors that uses scare tactics, abusive and illegal collection tactics to me. The Fair Debt Collection Practices Act (FDCPA 15 USC 1692a section: 803) defines consumer: a “consumer” means any natural person obligated or allegedly obligated to pay any debt. I am fine with the collection industry calling me a credit terrorist, if that is what they want to call fighting back, so be it. In my open letter to the collection industry ,
An Open Letter to the Debt Collection Industry – Not One Thin Dime For You
February 9th, 2010. Published under Fraud, Scams. No Comments.
Dear Debt Collectors, Debt Collection Law Firms, ACA International, Members of Congress, et al, I read the news and see that ACA International continuously states ( Ad nauseam )
The FCC Considers Ramping Up Crusade Against “Robo Callers”
February 8th, 2010. Published under Fraud, Scams. No Comments.
The Telephone Consumer Protection Act (TCPA) already has regulations concerning the use of automated (predictive) dialers to cellular phone numbers. The FCC has proposed several new regulations that would curtail the use of automated pre-recorded message dialers and automated dialing systems. If adopted, the changes to the Telephone Consumer Protection Act would limit the use of prerecorded calls and automatic telephone dialing systems. The stricter guidelines proposed by the FCC on Jan. 20 have debt-collection companies in an uproar. Right now, non-sellers can make “autodialed” or prerecorded calls to wireless numbers. The ARM or “account receivable management” professionals claim they had consumers’ “prior express consent” for those calls when the customer provided a cell phone number on a credit application. Debt collectors have expressed outrage about the plan on insider Web sites. A few suggested suing debtors as a way to get even for the new restrictions . Some blamed voting in liberal Democrats when Republicans have been “traditionally better for the ARM (Accounts Receivable Management) industry.” ~ source Delco Times If adopted debt collectors are suggesting they will sue consumers in retribution if the new guidelines are approved, even though it is the US Government taking the action. This is exactly why I (Allen Harkleroad) wrote the book, “ Stick it to Sue Happy Debt Collectors ”. I say let them sue and then the consumer can beat them in court. It is a sad fact that only one out of ten consumers respond to a debt lawsuit, and 90 percent (or more) the debt collector had not physical proof that a debt is owed. It is time for the bad lawsuits to go away, consumers must fight for their rights.
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The FCC Considers Ramping Up Crusade Against “Robo Callers”
UPDATED: Freedom Financial of California Behind Harrassing Debt Collection Phones Calls – 866-354-5387
February 5th, 2010. Published under Business Scams, Fraud. No Comments.
UPDATE: The consumer that was begin harrassed over a debt that wasn’t his, he was merely a reference on the original loan. He finally received a response, Freedom Road Financial in Los Angeles were behind the calls. I aso discovered the Freedom Financial involved with the harrassment is owned by Evergreen Bank Group which is owned Bancorp
UPDATED: Freedom Financial of Reno Nevada Behind Harrassing Debt Collection Phones Calls – 866-354-5387
February 5th, 2010. Published under Business Scams, Fraud. No Comments.
UPDATE: The consumer that was begin harrassed over a debt that wasn’t his, he was merely a reference on the original loan. He finally received a response, Freedom Road Financial in
Federal Trade Commission Returns $1.6 Million to Consumers Scammed by Bogus Debt Collector
February 5th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
The FTC will distribute $1.6 million to thousands of consumers who were scammed into paying money they did not owe by con artists who threatened, harassed and lied to them. In 2003, the FTC sued three companies, operating under the name National Check Control, charging them with harassing and abusing consumers, falsely threatening criminal prosecution, illegally communicating with third parties, collecting amounts that were not due, and other violations of federal laws. In 2005, the court ordered a permanent halt to their operations and ordered them to pay redress to the consumers they had bilked. The defendants, including Check Investors, Inc., Check Enforcement, Inc., Jaredco, Inc., the companies’ owner, Barry Sussman, and their corporate counsel, Charles Hutchins, unsuccessfully appealed the case to the Third Circuit Court of Appeals and the Supreme Court. On February 7, 2008, one day after the appeals court refused to reconsider his appeal, Sussman removed from a bank safe deposit box coins valued at $335,000 that the federal court had ordered him to turn over to the FTC for consumer redress. A federal jury convicted him of two felony counts – theft of government property and obstruction of justice. In October 2009, he was sentenced to 41 months in federal prison and is currently serving his sentence. The FTC recovered a total of $1.6 million for consumer redress. The funds will be distributed to 24,916 consumers who each lost $100 or more as the result of the defendants’ illegal actions. The consumers have been identified based on records obtained in the case. Consumers will begin to receive checks this month. The FTC received substantial assistance in this case from the Office of the United States Attorney for the District of New Jersey, the United States Postal Inspection Service, and the Office of the New Jersey Attorney General. The Federal Trade Commission works for the consumer to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, click http://www.ftccomplaintassistant.gov or call 1-877-382-4357. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. For free information on a variety of consumer topics, click http://www.ftc.gov/bcp/consumer.shtm .
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Federal Trade Commission Returns $1.6 Million to Consumers Scammed by Bogus Debt Collector
Debt Collectors No Text Message or Cell Phone Collections for You
February 4th, 2010. Published under Fraud, Scams. No Comments.
It’s good to see that the FCC wants to further regulate the collection industry using the Telephone Consumer Protection Act (TCPA). Often debt collectors cross the line when attempting to collect a debt. It’s time to muzzle the collection industry even further. The FCC has proposed that the TCPA be brought into alignment with the FTC’s telemarketing rules. But the new proposal does not include an exemption for collectors and banks, effectively erasing decades of precedent. Last month, the FCC released a Notice of Proposed Rulemaking to amend the Telephone Consumer Protection Act (TCPA).
When Debt Collection Lawyers Pull Credit Reports and Break the law – FCRA
February 3rd, 2010. Published under Fraud, Scams. No Comments.
If you are being sued by a debt collection law firm it would be prudent to pull all three of your credit reports (Experian, Equifax and TransUnion). Chances are that the law firm pulled your credit report and this is a violation of the Fair Credit Reporting Act (FCRA). Below is a photo of my credit reporting showing Macey Wilensky, Kessler and Hennings having pulled my credit report on three occasions 6/24/2008, 7/15/2008 and 7/31/2008, shortly after that I received a summons naming American Express Centurion Bank as Plaintiff and Macey, Wilensky as the filing law firm. According to the FCRA litigation is not a permissible use of a consumers credit report as it is not a business to consumer transaction.
Abusive Debt Collection Tactics from 866-354-5387
February 3rd, 2010. Published under Fraud. No Comments.
I received an email last night from a consumer that claims they are only a reference listed on an account. Supposedly he isn’t a signee at all, yet he and his family are being harassed by a caller (866-354-5387) claiming to be an investigator and stated the Fair Debt Collection Practices Act (FDCPA) didn’t apply to him. Hi, i have been contacted by a debt collector looking for a person who put me down as a reference, i told the investigator Davis i did not know where the motorcycle was and i had already told that to previous collectors from his firm, i asked him never to call me again, he then stated that he was not a collector rather an investigator, and was not bound by the collection laws, he then went on to call my family members telling them i was in major trouble freaking out my mother , is there anything i can do in this situation? i recorded a call from him. he would not give me a company name but did leave a number 866-354-5387 . What are my options? If it were me, I would temporarily block my caller ID and call the number to see if the number is legitimate. If it is find out who they are and then run to the closest consumer protection you can find. “Investigator” Davis” is not an investigator, he is a debt collector using illegal tactics, that is why he refused to give you the company name, he knows he he is breaking the law by calling the consumers family members and scaring them. If he calls back again ask him for his state investigator license, if he isn’t a debt collector (he probably is though) then remind him that investigators in your state are licensed by the state and he must provide you his investigators license number. What will mostly likely happen is one of the following: (a) he’ll hang up and not call again, (b) Give you some sort of bogus license number. If he does then you can get your state involved by filing a complaint with the state regarding a fraudulent investigator. After all if he gives you a bogus number than he is incriminating himself. If he refuses to give you a license number you bet he is a debt collector that breaks the law. Either way you got him and the company involved by the “cahones”. While I believe it is a debt collector it may be a collection scam, there are quite a few of them making the rounds across the U.S. I would suggest talking to your family and tell them that it is a debt collector using scare tactics. Ask them if possible to record future conversations or at least keep a log with the dates and times that they call each family member. If you do find the company behind the number and sue them, you will need the times/dates for use in court. I did look into the phone number, I didn’t find the company behind the number but did find references to complaints of “Marshalls” and “Investigators” calling from that number. Typical rouge debt collector scare tactics. Until such time that the identity of the company behind the 866-354-5387 is found, a consumer has limited resources in which to fight back. I would start with my states consumer affairs division and file a complaint. You may also want to consider filing a complaint with the Federal Trade Commission (FTC), it probably won’t help you personally but there will be a record of the abuse. You could also file a report with the local police regarding the harassing phone numbers and then have the phone company put a trace on the line. The phone company generally won’t put a trace on a line unless a police report has been filed. I once had a debt collection company call me claiming to be an officer of UCB (United Collection Bureau) and she got all kinds of nasty, even told me she would call my neighbors and while on the phone with me she did, and my neighbor called me and told me immediately. I should have sued them, but at the time I didn’t know how (now I do). I did call United Collection Bureau and talked to the vice-president of compliance. After playing back the conversation between myself and the UCB officer, he said measures would be taken and I never go hassled by UCB again. Like I said I had the physical evidence, I just wish I knew then what I know about suing debt collectors for violations of state and federal law. Need help in dealing with crazy or sue happy debt collectors? Give my book a read .
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Abusive Debt Collection Tactics from 866-354-5387
UPDATED: Abusive Debt Collection Tactics from 866-354-5387 Freedom Financial of Los Angeles
February 3rd, 2010. Published under Business Scams, Fraud, Scams. No Comments.
I received an email last night from a consumer that claims they are only a reference listed on an account. Supposedly he isn’t a signee at all, yet he and his family are being harassed by a caller (866-354-5387) claiming to be an investigator and stated the Fair Debt Collection Practices Act (FDCPA) didn’t apply to him. Hi, i have been contacted by a debt collector looking for a person who put me down as a reference, i told the investigator Davis i did not know where the motorcycle was and i had already told that to previous collectors from his firm, i asked him never to call me again, he then stated that he was not a collector rather an investigator, and was not bound by the collection laws, he then went on to call my family members telling them i was in major trouble freaking out my mother , is there anything i can do in this situation? i recorded a call from him. he would not give me a company name but did leave a number 866-354-5387 . What are my options? If it were me, I would temporarily block my caller ID and call the number to see if the number is legitimate. If it is find out who they are and then run to the closest consumer protection you can find. “Investigator” Davis” is not an investigator, he is a debt collector using illegal tactics, that is why he refused to give you the company name, he knows he he is breaking the law by calling the consumers family members and scaring them. If he calls back again ask him for his state investigator license, if he isn’t a debt collector (he probably is though) then remind him that investigators in your state are licensed by the state and he must provide you his investigators license number. What will mostly likely happen is one of the following: (a) he’ll hang up and not call again, (b) Give you some sort of bogus license number. If he does then you can get your state involved by filing a complaint with the state regarding a fraudulent investigator. After all if he gives you a bogus number than he is incriminating himself. If he refuses to give you a license number you bet he is a debt collector that breaks the law. Either way you got him and the company involved by the “cahones”. While I believe it is a debt collector it may be a collection scam, there are quite a few of them making the rounds across the U.S. I would suggest talking to your family and tell them that it is a debt collector using scare tactics. Ask them if possible to record future conversations or at least keep a log with the dates and times that they call each family member. If you do find the company behind the number and sue them, you will need the times/dates for use in court. I did look into the phone number, I didn’t find the company behind the number but did find references to complaints of “Marshalls” and “Investigators” calling from that number. Typical rouge debt collector scare tactics. Until such time that the identity of the company behind the 866-354-5387 is found, a consumer has limited resources in which to fight back. I would start with my states consumer affairs division and file a complaint. You may also want to consider filing a complaint with the Federal Trade Commission (FTC), it probably won’t help you personally but there will be a record of the abuse. You could also file a report with the local police regarding the harassing phone numbers and then have the phone company put a trace on the line. The phone company generally won’t put a trace on a line unless a police report has been filed. I once had a debt collection company call me claiming to be an officer of UCB (United Collection Bureau) and she got all kinds of nasty, even told me she would call my neighbors and while on the phone with me she did, and my neighbor called me and told me immediately. I should have sued them, but at the time I didn’t know how (now I do). I did call United Collection Bureau and talked to the vice-president of compliance. After playing back the conversation between myself and the UCB officer, he said measures would be taken and I never go hassled by UCB again. Like I said I had the physical evidence, I just wish I knew then what I know about suing debt collectors for violations of state and federal law. UPDATE: The consumer that was begin harrassed over a debt that wasn’t his, he was merely a reference on the original loan. He finally received a response, Freedom Road Financial in Los Angeles were behind the calls. “I told “agent Marshal Davis” out of “northern CA” that i did not trust that he was a real investigator, and might be a phishing scam. I managed to get him to tell me that he is working on behalf of FreedomRoad Financial www.frf1.com he then gave me his contact at freedom road financial Michelle Peacan and her number to verify that he was working for them, i called her at 775.562.3816 and asked if i could record the call and she said no and that she knew who i was and that she has an agent working the case, i then said i did not trust that she worked for freedom road financial and she gave me the their 866.455.7623 main phone number to verify that she was a company representative, stating that she was the only michelle working there, sure enough dial by name brings you to Michelle Peacan, I told her that i was recording the call, i said that i never signed for anything and was not contractually obligated to them and wanted them to stop calling me, she stated that i was involved because i had once told their collection agent i knew where my friend lived and where their bike may be, i then asked if i was in trouble she said that i was involved with the theft of the bike, again i asked if i was in trouble and she said she was not a lawyer and that she would do what she had to to get the bike back and hung up on me.” Need help in dealing with crazy or sue happy debt collectors? Give my book a read .
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UPDATED: Abusive Debt Collection Tactics from 866-354-5387 Freedom Financial of Los Angeles
I’m about to Sue Worldwide Asset Purchasing II LLC, Hollander Law Offices LLC and Leading Edge Recovery Solutions. They are now Co-Defendants
February 2nd, 2010. Published under Business Scams. No Comments.
These jokers take an alleged $12,000.00 debt, turn it into a $15,000.00 debt then in short order turn it into a $17,000.00 debt. Time to start suing. Evidently Worldwide Asset Purchasing II, LLC (State of Nevada) thinks I owe them. As far as I know I have never had a MBNA account. I did receive a long time ago something stating I owed $12,000.00 to MBNA. May be I do and maybe I don’t. Anyway the junk debt buyer (pays pennies on the dollar for debts), turned the alleged debt over to Hollander Law Offices (a foreign corporation in Georgia) claimed that I owed $15,456.30. Hollander seemed to enjoy leaving voice mail at my employers office that they are debt collectors, we aren’t talking once but many times. I never gave anyone permission to contact my employer about a debt. Can you say multiple violations of the Fair Debt Collection Practices Act (FDCPA)? Hollander Law Offices, LLC sent me a letter on 9/12/2009 stating that I owed $15,460.30 (remember the date) I of course ignored the empty legal threats of Hollander Law Offices, LLC. And so I should have. On January 25, 2010 I receive a letter from Leading Edge Recovery Solutions, stating that they represented Worldwide Asset Purchasing II, LLC. for the amount of $17,007.15. Somehow in the period of about 5 months the alleged amount owed jumped $1,541.85. That’s a lot of interest of fees. Bear with me and I will explain all of the violations of the FDCAP this entails.
A Free Legal Resource for Pro Se Defendants and Litigants
January 31st, 2010. Published under Business Scams, Fraud. No Comments.
I just discovered that Google Scholar now has State and Federal Law, including citations, opinions and decisions. What’s even better there are no fees involved. When searching select “Legal opinions and journals”, it yields better legal research results. Google Scholar is a great starting point for consumers defending themselves in court on credit card debt lawsuits, not to mention Pro Se litigants such as myself that sue debt collectors over FDCPA and FCRA violations. The common consumer now has access to legal opinions and decisions that can be used in court filings. I’ve also found it invaluable for seeing what bad debt collection companies are being sued for, this makes it easier for me to file stronger cases against them I encourage anyone that is researching legal issues to give Google Scholar a try before spending money on other online resources. You may just find what you are looking for without having to spend a dime. If you are defending yourself in court against debt collection lawyers and don’t know what to do, you need to get this book, Stick It To Sue Sue Happy Debt Collectors , It shows you exactly how to defend yourself and win, and how to sue debt collectors for harassing you.
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A Free Legal Resource for Pro Se Defendants and Litigants
Today is the Day to Start Asking Your Dealing With Debt Collector Lawsuit Questions
January 29th, 2010. Published under Business Scams, Scams. No Comments.
FYI, today and tomorrow I am answering questions regarding how to deal with debt collectors, debt lawsuits and related topics on my book’s Facebook fan page (discussions). If this works well I may do more question and answer sessions each month. Here is the first question posted today Question: In your book, you state that you must answer the summons in order to file a Motion to Dismiss and sworn denial. Makes sense, but what I’m unsure of is the timing for filing the Motion to Dismiss and sworn denial. Do I file these with the clerk of court at the same time I file my answer or sometime later? Answer: In most states you can file a motion to dismiss (and the sworn denial) as soon as you answer the summons. You should be able to file it at the same time you file your answer with the court. You would need to file them at the court clerks office, make sure you have 3 notarized copies. One for the court, one you must send to the plaintiff’s attorney and one for your files. You may also need to write up a verification (that it was sent) and include it with the papers you file with the clerk and include a copy in the papers you send to the opposing attorney. You may want to check your local court rules and your states “Trial Rules” which are sometimes called Rule of Civil Procedure” to see if there is a rule regarding pleadings and motion time-frame to file). Post your questions today and tomorrow (1/29 – 1/30 2010). If you haven’t read my book Stick It To Sue Happy Debt Collectors , I encourage you to take a look. Allen
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Today is the Day to Start Asking Your Dealing With Debt Collector Lawsuit Questions
Questions and Answers on Dealing with Debt Collectors January 30th, 2010
January 23rd, 2010. Published under Business Scams, Fraud, Scams. No Comments.
Next Saturday (Jan. 30) I will be answering questions on how to deal with debt collectors on my book’s Facebook fan page ( Fan Page for Stick It To Sue Happy Debt Collectors ). You can post questions beginning on Friday January 29th and Saturday January 30th. I will do my best to answer as many questions as I can or point you in the right direction if I can’t answer. While you are waiting have a look at the book . See you next Saturday! Allen
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Questions and Answers on Dealing with Debt Collectors January 30th, 2010
The FDCPA Does Not Give Debt Collector the Right to Leave Voice Mail on Answering Machine
January 21st, 2010. Published under Fraud. No Comments.
I am so glad the 11th circuit court ruled properly on this. I am about to rip a big hole out Hollander Law Offices LLC
Owner of New York Process Server L.I. Process Pleads Guilty to Fraud
January 16th, 2010. Published under Business Scams, Fraud. No Comments.
These kinds of folks have caused so many consumers all kinds of problems. Nice to see the owner is going to jail. The owner of a Lynnbrook process server company pleaded guilty to fraud Friday after his company failed to properly notify thousands of people that they were facing debt collection lawsuits. William Singler, owner of American Legal Process, admitted in Nassau County Supreme Court that he knew some of his employees didn’t properly serve court papers the company was hired to deliver. Prosecutors said that left many debtors unaware they were being sued until their cases were over. A pending lawsuit by Attorney General Andrew Cuomo seeks to toss out nearly 100,000 legal judgments related to cases on which the company worked. “Many (victims) had their bank accounts frozen, their wages garnished and liens put on their homes, all because they were denied their day in court,” Cuomo said Friday. Source: Long Island Press
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Owner of New York Process Server L.I. Process Pleads Guilty to Fraud
Video Intro to My New Book – Stick It To Sue Happy Debt Collectors
January 15th, 2010. Published under Business Scams, Fraud. No Comments.
Below is the video introduction for my new book.
Maryland Court to Dismiss Thousands of Mann Bracken Debt Collection Lawsuits
January 14th, 2010. Published under Fraud. No Comments.
In a win for consumers, a Maryland court is dismissing tens of thousands of lawsuits filed by the Mann Bracken law firm. Mann Bracken was one of the largest nationwide debt collection law firms until recently. When the state agency that licenses debt collectors investigated, it concluded that the firm no longer met the licensing requirements. On Monday, the licensing board issued a cease-and-desist order directing Mann Bracken to immediately stop collections. Earlier this month, Mann Bracken LLP began sending letters to Maryland District Court clerks saying the firm — which is national but has a major office in Rockville — would shut down at the end of January. – source: The Daily Record Now if the other 49 states would take the same action Mann Bracken will only be an empty shell of the past. Yep, Karma has kicked Mann Bracken square in the ass this time! All I can say it is high time that all involved with Mann Bracken go broke and get harassed by debt collectors. That would be the ultimate irony, wouldn’t it.
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Maryland Court to Dismiss Thousands of Mann Bracken Debt Collection Lawsuits
Debt Verification versus Validation – It’s the Same Thing
January 10th, 2010. Published under Fraud, Scams. No Comments.
I read a lot online, and one of my biggest interests is reading about how debt collectors abuse and harass consumers. One thing that crops up a lot are the terms “Debt Verification” and “Debt Validation” and I believe these is a bit of confusion surrounding them both. These terms are both one and them same, legally speaking under 15 U.S.C.
Motion for Summary Judgment by Mann Bracken in Class Action lawsuit DENIED
January 10th, 2010. Published under Business Scams, Fraud, Scams. No Comments.
Mann Bracken may be going out of business, however
Stick It To Sue Happy Debt Collectors Book Now Available in Print Edition
January 9th, 2010. Published under Fraud. No Comments.
Allen Harkleroad’s latest book, “Stick It To Sue Happy Debt Collectors” is now available in print. Synopsis Beat Greedy Lawsuit Filing Debt Collectors At Their Own Game. Learn to Fight Debt Collection Lawsuits and WIN! Have you been sued by a debt collector or law firm over a debt?
It’s Official Mann Bracken the Debt Collector is Out of Business in Atlanta
January 6th, 2010. Published under Business Scams. No Comments.
I just watched the WSB-TV channel 5 Mann Bracken report ( not sure how long the video will be up ) by Jim Strickland that indeed Mann Bracken the debt collection law firm in Atlanta is indeed closed. He also reported that the State of Georgia is continuing it’s investigation of Mann Bracken. The company that own(ed) Mann Bracken, Axiant has filed for Chapter 7 Bankruptcy and I am betting that Mann Bracken LLP will be doing the same in very short order. Supposedly Axiant owes Mann Bracken around 10 million dollars. (I think I am going to print and frame this image) Mr. Strickland and also reported that the State of Georgia is requesting the appellate
Newspapers and Their Often Useless How-To Fight a Debt Collector Articles
January 4th, 2010. Published under Scams. No Comments.
I read a lot of news, and I mean a *LOT* of news every day. I keep tabs on all sorts of things, mainly debt collection and debt collectors. Especially the abusive ones. I have seen a growing pattern of newspaper articles titled along the lines of “How to Deal With Debt Collectors”,
Are Any Former Mann Bracken Debt Collector Employees Reading this Blog?
January 4th, 2010. Published under Business Scams. No Comments.
New Book – Stick It To Sue Happy Debt Collectors
December 28th, 2009. Published under Business Scams. No Comments.
I (Allen Harkleroad) am about to release a new book titled “Stick It To Sue Happy Debt Collectors”. This is my second consumer book and I believe is a much needed resource for consumers having financial difficulties. What you will read in my book is based on own personal experiences and what I learned from dealing with debt collector lawsuits over the last couple of years. For the record I have been sued so many times over the last couple of years that I have literally lost count. I can tell you one thing with one hundred percent certainty; I win in court and stick it to sue happy debt collectors, attorneys and law firms. It took a while to learn out how to represent myself in court and win against lawsuit happy debt collection law firms and debt collection companies. Most consumers have no idea how to deal with debt lawsuits and most cannot afford to be represented by an attorney. This is why I wrote this book. In this book I will cover original creditor lawsuits and junk debt buyer lawsuits. Both are very similar in the way that you will deal with them. I will also cover how to keep debt collectors off your back before any lawsuits are filed. I also cover how and when to sue a debt collector for violations of the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). My ultimate goal is to show you how to overwhelm the opposing attorney and to show them that the burden of proving the debt is going to be an arduous, long, tiring and expensive (for them) journey. Most attorneys will bailout (voluntary dismissal) once they see that they
Sallie Mae Sued for Illegal Calls – Consumer Wins
December 26th, 2009. Published under Business Scams. No Comments.
Big behemoth companies are ripe consumer lawsuit targets, mainly because they ignore rules and regulations. Here is just such a story. This may not work for everyone, but it worked for Jeff. He tells Consumerist that after he filed Chapter 13 bankruptcy, Sallie Mae representatives continued to call him, which is sort of illegal. So his bankruptcy attorney sued them. And won a $4,000 settlement. – Consumerist If you are having financial difficulties and the debt collectors start calling, be sure to document everything. It could mean a payday for you. I’ve successfully sued three debt collection companies and have two more in the court system. Make em’ pay for harassing you… RELATED The FREE Definitive Guide on Beating Credit Card Suit on Account Lawsuits How to SUE Debt Collectors for FDCPA violations Dealing with Debt Collectors – How to Take Away Their Power Dealing With Debt Collectors – The NEVERS and the ALWAYS Hitting Deceptive Debt Collectors and Debt Buyers where it HURTS – In the Wallet A Debt Collectors Dirty Little Secret Something Harassing Debt Collectors Rather You Didn’t Know
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Sallie Mae Sued for Illegal Calls – Consumer Wins
I Can’t Say This Enough: When Sued By a Debt Collector You Need to Respond and Show Up
December 25th, 2009. Published under Business Scams. No Comments.
According to a Scripps News article ( read it here ) upwards of 70 percent of consumers sued over credit card (or other) debts never show up, either because they don’t think showing up will help any, or they are too embarrassed or never receive notification of the lawsuit. Debt collectors are filing lawsuits and winning judgments against thousands of Americans every year, often without having any concrete evidence to support their claims. That’s because the defendants often don’t appear at the hearing. Not showing up in court results in an automatic win for the collectors, and that, in turn, often gives them the legal right to tap a debtor’s bank account or salary. “I’m behind the eight ball,” said James Flanagan, a Suffolk County, N.Y. judge who oversees 25 debt collection cases a day. In all but one or two of Flanagan’s cases, the defendant does not show up, Flanagan said. “I can’t do anything about it.”
Judge Bans Closed Debt Collection Firm Bush & Kennedy, Ferguson and Parrott from Louisiana
December 23rd, 2009. Published under Scams. No Comments.
It’s a shame that bad debt collectors operate for a very long time before being put out of business. If state(s) Attorney General’s would be more aggressive in investigating debt collection complaints, there would be far less questionable collectors in business. A Baton Rouge debt collection company that the Louisiana Attorney General’s Office says has been the subject of dozens of complaints from at least 30 states since 2001 was prohibited Tuesday from doing business. J.E. Cullens, who represents Parrott, revealed in court Tuesday that Bush & Kennedy is the subject of an ongoing federal investigation.
Couple Sues Debt Collector Global Credit and Collection Corp. Alleging Harassment
December 23rd, 2009. Published under Business Scams, Scams. No Comments.
I love to hear about consumers fighting back against unsavory debt collectors. I myself have filed three lawsuits so far against debt collectors for violating the Fair Debt Collection Practices Act (FDCPA). The more consumers that do fight back will eventually cause bad debt collectors to play by the rules. During the first call, according to the suit, an employee named Ryan tried to get an employee number for Scott Murphy from his wife by saying that Global Credit was going to garnish her husband’s wages and that he would call their mortgage company and neighbors to tell them the couple wasn’t paying their debt. – Post Tribune I actually had one debt collection company actually threaten to call my neighbors and then did. It didn’t take long for me to make the go away (one phone call). Just remember you have rights and debt collectors must follow the FDCPA and FCRA or risk being sued. Keep fighting back folks! Have you been sued by a debt collector? Read my free guide on how to get them off your back .
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Couple Sues Debt Collector Global Credit and Collection Corp. Alleging Harassment
The FREE Definitive Guide on Beating Credit Card Suit on Account Lawsuits
December 20th, 2009. Published under Business Scams, Scams. No Comments.
FMD Consumer Forum is Now Open
December 19th, 2009. Published under Business Scams, Fraud, Scams. No Comments.
I have had several inquiries about adding a forum to the FMD consumer blog and as of this morning it is live an ready for you to participate on. You can get to the forum at http://forum.fivemilliondots.com If you have a problem with the forum you can contact me here: http://fivemilliondots.com/contact.aspx
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FMD Consumer Forum is Now Open
Lawsuit Filed Against Portfolio Recovery Regarding Unfair Arbitrations
December 17th, 2009. Published under Fraud, Scams. No Comments.
Lawsuit claims that Portfolio improperly filed claims against consumers with an arbitration service it knew to be biased in its favor.
NCO Financial Group Inc to Buy Axiant (aka Mann Bracken)
November 21st, 2009. Published under Fraud, Scams. No Comments.
Accretive is a big hedge fund that “owned” Axiant and Mann Bracken (which I believe is actually one and the same, Axiant being a shell company in my opinion). NCO Financial (part of NCO Group) has had it share of Federal lawsuits against them for FDCPA, FCRA and other violations . Now that they own even more of the debt collection industry I am betting the consumer abuse will only get worse. In that respect maybe the Federal Trade Commission (FTC) will finally wake up and take more notice of the debt collection industry. —- The NCO – Axiant official press release Axiant LLC, a leading provider of integrated legal collections services, announced today that it has signed a binding agreement to be acquired by NCO Group, Inc. (“NCO”), a leading provider of accounts receivable outsourcing services. Kevin Keleghan, CEO of Axiant, stated that, “Combining our resources with the litigation services already offered by NCO will create a dominant force in the legal collections market. Axiant’s unique working relationship with Mann Bracken, the largest collection law firm in the United States, in conjunction with NCO’s technology driven Attorney Network platform should maximize our clients’ performance and create opportunities for many of our associates.” Michael Barrist, Chairman and CEO of NCO, stated, “Combining Axiant, which has a strategic relationship with Mann Bracken, to our company enhances our suite of service offerings and furthers our strategy of expanding our litigation capabilities. This combination, in conjunction with our recently announced purchase of Total Debt Management, clearly defines NCO as a leader in the consumer litigation arena.” To facilitate this transaction, Axiant has today commenced chapter 11 bankruptcy proceedings in Delaware, in which the sale of Axiant’s assets to NCO will be subject to higher and better offers at an auction and to the approval of the Bankruptcy Court. Closing is expected in the first quarter of 2010 and is subject to satisfactory completion of due diligence, the execution of a definitive agreement and other conditions.
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NCO Financial Group Inc to Buy Axiant (aka Mann Bracken)
New York and Missouri Attorney General’s Sue More Debt Collectors
August 19th, 2009. Published under Fraud, Scams. No Comments.
It’s good to see that at least some state Attorney General’s such as Missouri AG Chris Koster and New York AG Andrew Cuomo are taking on illegal debt collection. The debt collection industry is rife with collectors using illegal means to collect debts, and in some cases trying to collect on debts that have already been paid. According to the St Louis Business Journal : Two debt collection companies operate scams to collect debts from people who don’t owe money, according to lawsuits filed Tuesday by Missouri Attorney General Chris Koster. Koster sued Portfolio Recovery Associates, of Norfolk, Va., and Professional Debt Management, of Kansas City. Read the full story here . According to Channel 13 WHAM : New York Attorney General Andrew Cuomo is trying to shut down a debt-collection agency that he claims uses sexual harassment and threats while impersonating police to exact payments. Cuomo is filing a lawsuit against 13 debt collection companies with separate names operated under the Benning-Smith Group. Cuomo says they are violating state and federal laws. Read the full story here . If the above named debt collection companies are using illegal tactics in New York and Missouri, then it stands to reason that such illegal tactics are occurring in other states as well. These types of harassments are not isolated cases. Of course ACA International continues to lobby congress to protect debt collectors. I wonder when congress and the Federal Trade Commission ( FTC ) see ACA international for what it really is (racket protection). I often wonder how much the ACA spends each year to keep the heat off the debt collection industry. Anyone have an idea? As a consumer if you feel that you have been subjected to harassment, illegal debt collection tactics contact your states Attorney General’s office and if applicable your states consumer affairs division. the Federal Trade Commission (FTC) doesn’t seem very inclined to enforce the Fair Debt Collection Practices Act (FDCPA) of the Fair Credit Reporting Act (FCRA). However, state AG’s for the most, part do want to protect consumers. The more consumers that report illegal collection tactics the more likely that individual states will do something about it.
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New York and Missouri Attorney General’s Sue More Debt Collectors