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 Posted: Wed Feb 15, 2006 9:37 am Subject: Companies threatening to sue us - Riscuity, Inc |
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This is another email received threatening us from Riscuity, Inc on Feb 8, 2006.
| Riscuity wrote: |
Hello,
I am hoping you can help me. My name is Bob Cervelli. I am the Chief Operating Officer of a company named Riscuity, Inc.
There is a string of postings that are going on about my company on
your Debt Consolidation Care website.
Here is a link to the original thread:
http://www.debtconsolidationcare.com/forums/riscuity.html
Over the past few months, there has been some major smearing of our organization by ex-employees. I understand free speech when someone has a problem or needs clarification of how a business does business, however just before the holidays, so called "ex-employees" or Ex-management" started posting personal information about the CEO,
Edward Chen. They published his home number and home address. This caused the CEO to change his number. His wife, who is home pregnant, also had major concerns about their physical address being posted on your website.
It is now coming to the point that people or "Ex-Employees" are posting a lot of false information about Riscuity along with slenderness comments about the management of the company. This is now turning into a bloodbath of rude comments and untrue facts about Riscuity and its management team.
Let me first explain that any ex-employee making these posts would have a vendetta against the company because most likely they were terminated for wrong doings. Face the facts, companies do not terminate people who are doing a good job.
I, on at least one occasion, asked our in-house counsel to post a rebuttal to a post in order to help clear the air on a misunderstanding that one of our debtors had.
Finally, your board was designed to allow debtors a vehicle to ask questions and receive answers. It was NOT designed to slander a company, allow ex-employees to vent out their frustrations or divulge personal information of the executives of the company.
With that said, I am asking that this entire thread be removed from your system as it is causing a lot of turmoil within our company and placing a major black mark against a company that is small in nature and trying to offer opportunity to those who work for it.
I can sincerely assure you that Riscuity, Inc. works within the laws of the FDCPA. Has not violated and laws and has a clean record with any regulatory body. In fact, if you were to search the internet, it is only your website that has derogatory information about Riscuity.
Riscuity did go through a cleaning out process of problem employees about 1.5 years ago. It is those employees that find thrills of what they are attempting to do.
With all this said, I am making a formal request that you take down this particular thread as it is defeating the purpose of what your website is trying to promote and accomplish. Let me also remind you that in your own "terms of use"
Off topics:
Debt consolidation care forum does not solicit topics on religion, race, nationalistic, sexual, gender and war. The Pub is not a place where discussions or gossips on any personal hostility will be entertained. Any type of foul language or inflammatory posts will be edited without prior notice.
Unless you can supply me with a reason WHY you can not do this, I have no other alternative but to seek legal methods to accomplish what I am asking for in a businesslike manner.
These postings have gone too far. Please help me in resolving this issue and understand our prospective and the reason why I am making such a request.
Bob Cervelli
cc: Bonnie Corales. Corporate Counsel, Riscuity, Inc.
Bob Cervelli
Chief Operating Officer
Riscuity, Inc.
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Denny
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| Posted: Fri Feb 17, 2006 9:04 am Subject: |
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You know Denny, this makes me think. In the Creditors and Collectors Data Base, could we possibly provide an area where consumers could contact people such as Mr. Cervelli in a professional and dignified manner when they just can't get anywhere with the front line people? Would Mr. Cervelli like to volunteer to have his direct office number or email posted in that section?
Afterthought:
the one thing I will agree with Mr. Cervelli on is that the posting of employees or company officials private phone numbers, addresses, etc is in appropriate. While I feel this forum should continue to be open, we should consider adding private identifiable information to the list of things that can't be posted. We don't allow non governmental web addresses to be posted without prior authorization, or email addresses, why should private phone numbers and residential addresses be any different?
_________________
Experience is something you don't get until just after you need it.
Last edited by LCW on Thu Feb 23, 2006 11:09 am |
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LCW
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| Posted: Fri Feb 17, 2006 9:09 am Subject: |
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Clay, great idea...
As I read the email a second time, I can't help but chuckle.. what are "slenderness" comments. Okay so I know what he meant to say.. but it strikes me that most COO's especialli those with firms who are sophisticated enough to have corporate counsel.. would spell correctly in a letter of such magnitude... Next question... have these emails been reviewed by the site's sponsor's counsel? I wouild be interested in kowing their opinion.
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jj
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Posts: 1044
Location: Washington State Debtcc Points: 8585
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| Posted: Fri Feb 17, 2006 9:34 am Subject: A letter I am sending to Mr. Cervelli |
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| Quote: |
February 17, 2006
Subject: Debt Consolidation Care Posting
Dear Mr. Cervelli
Your Letter to Debt Consolidation Care in reference to posts made by former employees of Riscuity, Inc. was recently posted by the web master in the forums entitled “PUB”. I am not an employee or agent of Debt Consolidation Care, and what I am writing today in no manner should be regarded as an official or unofficial response from Debt Consolidation Care.
I am merely writing as a participant, hoping to shed some light on your concerns, and maybe offer some assistance in your matter at hand. My whole reason for participating in this (and a few other forums) is to help others when ever possible with fixing the debt related problems. Like many people, I have had debt problems and know the hardship it can bring to a persons life. The tactics used by many collectors can only ad to that hardship, and in some cases can cause a person to go into depression or even to consider causing harm to themselves or others, all because of a collectors heavy handed tactics and willingness to skirt consumer protection laws.
You seem to be an honest and sincere individual, and the concern for your Chief Executive Officer, Mr. Chen and his family is admirable and quite sincere. Personally, I do agree the posting of home phone numbers and addresses inappropriate. You most likely are correct in your conclusion that the posters have some sort of vendetta against the company. However, if you think you know who is responsible for the post then I would suggest to you pursue action against them instead of turning to websites all over the Internet trying to censor what they are saying (bear in mind their right to say it is protected under the US Constitution). This does offer the impression your company is trying to cover up, rather than do business in the light of day.
You are correct in your statement that the forum was designed as a forum for consumers ask questions and receive answers to them. However is is important to remember it is an open forum with rights also guaranteed under the US Constitution.
Personal opinion and accounts of personal experiences will undoubtedly be posted. If those experiences involve your company, how did the situation get handled? Wouldn't you want some one to post they had a great experience with your company?
As your title is Chief Operating Officer, I must make a few assumptions. First, that you work in a back office, away form the “floor” or area where your employees carryout their duties. With this in mind, the natural thought progression is
1.that you are not aware or involved in the day to day activities of these employees.
2.You have delegated managers and supervisors to over see such details.
3.Your training and legal departments have issued training material and guidance which sets policy for how your activities are carried out.
4.I must assume the CORPORATE policy is that all collections activities are carried out in full compliance with all applicable State and Federal laws.
The question is here is, are they ?
There are forums and website all over the Internet just like Debt Consolidation Care where consumers can post in the same manner their questions, experiences and opinions. You cannot possibly spend your time searching all these sites for derogatory posts and threaten legal action if they don't delete theses posts.
You Stated “With that said, I am asking that this entire thread be removed from your system as it is causing a lot of turmoil within our company and placing a major black mark against a company that is small in nature and trying to offer opportunity to those who work for it. “ While I am certain this has caused much turmoil in your company, it cannot be then only thing placing black marks against your company. Is the behavior of your associates also causing black marks to appear?
I see by the news release concerning the name change from Capital Crossing, Inc to Riscuity, Inc. and your companies own website that Riscuity, Inc. off shores a significant amount of work. This is a practice which I personally am opposed to, as it places very sensitive identity and personal information at risk, and takes job away from hard working and deserving American in an effort to save just a few more dollars. The point is that from past experiences, collections employees in other countries, Malaysia, Philippines, India, etc, have a poor command of the English language (yes consumer do have an idea if the call is coming from another country regardless of what caller ID says). Off Shore associates are often hard if not impossible to understand, can be demanding mean and abusive. Many feel that US laws do not apply to them, and make no attempt to adhere to US laws. Could this also be whats placing a black mark against your company? Not to many many have a contempt for Americans, and this contempt shows in how they handle them selves when calling on customers.
Please allow me to suggest you write to the Federal Trade Commission and make a Freedom of Information Act (FOIA) Request for any records relating to consumer complaints or on going investigation of Capital Crossing, Inc and Riscuity, Inc. When you receive this information, the identifying information will be omitted, but the context of complaints will be provided. This way you can truly gage other ways black marks may be placed against your company.
Furthermore, you stated “Riscuity did go through a cleaning out process of problem employees about 1.5 years ago. It is those employees that find thrills of what they are attempting to do “. It would seem that the cleaning house coincided with the name change. Was this a case of new name fresh start? Were there problems under your old name we aren't talking about here? While it is these cleaning out processes that can cause problems, it is something that needs to be an on going process, not just something done when problems arise. If you only change your oil when the engine blows up, it doesn't do much good.
I am a big advocate of fairness and openness in the forum. I would encourage you to sign up for an account, and address these and maybe any future posts, directly. If you do a search for posts by me (screen name clay) you will find a post where I actually applauded a collection agency for doing the right thing (and yes it involved me paying). You will also find a post where I suggested we share positive experiences dealing with collection agencies. You might consider providing an area on your Riscuity website where consumers can contact a higher authority (yourself for instance) if they just can't make head way with the front line people.
I am fairly certain when a consumer calls they are greeted with a message that calls are recorded or monitored for training. maybe once in awhile you should monitor calls yourself to see what your employees are saying, and what image they are projecting.
In a post someone from Riscuity Corporate ( I assume this to be the in house counsel you spoke of in the letter to the web master) stated “Moreover, Riscuity's primary business is the collection of bad debts. It is the practice and policy of Riscuity to work with every customer in a professional manner and when necessary work out payment arrangements to avoid further collection efforts.
Unfortunately, no one likes to receive a collection call and those calls may often be uncomfortable for the debtor. We do our best to make each call as comfortable as possible and try to help each debtor resolve each matter expeditiously. “ To this end if Riscuity truly believes in working with every customer and wants to make them comfortable, then I suggest a consumer education section of your website. Maybe advise on the FDCPA and FCRA, resources for debt management and counseling, even “inside” advice for working with collectors. Some people can not afford to pay all or nothing now, what advise can you give for working out an arrangement? This would be a wonderful opportunity to Riscuity to walk the talk, and give back to those who need it most.
Please feel free to contact me directly if your would like to discuss or address any of the items which I have presented here. I am always prepared to assist those who want to help themselves.
Sincerely:
Clay Wilson
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Experience is something you don't get until just after you need it.
Last edited by LCW on Fri Feb 17, 2006 11:08 am |
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LCW
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| Posted: Fri Feb 17, 2006 10:14 am Subject: |
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From Riscuity's Web Site:
| Quote: | Chief Operating Officer
Bob Cervelli has over 30 years experience in the collection industry. Mr. Cervelli started out as a part-time bill collector with PAYCO General American Credits while attending college in New York. He served as Vice President of the Northeast Division of Financial Collection Agencies (FCA) for six years and General Manager of the Boston Operation of GC Services for twelve years. Mr. Cervelli relocated to Atlanta, Georgia and was named Senior Operations Manager of Perimeter Credit, where he spearheaded the start-up of the company prior to being sold and renamed Outsourcing Solutions Inc. (OSI). He also served as Vice President of Operations for Fidelity National Bank and Senior Vice President of Compass Receivables through the acquisition by NCOG before becoming a Managing Member of LDG Financial Services. He temporarily left the industry where he was the Director of Special Projects for BrainstormUSA, an educational software company, prior to joining Riscuity. Mr. Cervelli was also an independent consultant for Dunn and Bradstreet. He holds a Bachelor of Science degree in Business Management from Hofstra University with understudy work at Cornell University. |
_________________
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LCW
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| Posted: Fri Feb 17, 2006 10:51 am Subject: |
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| Quote: | | With that said, I am asking that this entire thread be removed from your system as it is causing a lot of turmoil within our company and placing a major black mark against a company that is small in nature and trying to offer opportunity to those who work for it. |
In my opinion, the purpose of forum is to spread knowledge in an open platform. Due to some problems, the ex employees of Riscuity are showing their vengeance against that company and as a result making their posts in the internet. Only the person making the posts and the company knows for sure the real problems and their mistakes.
My question is why should a forum delete those posts and keep people in the dark? Every thing has a good as well as a bad side. In a hypothetical case, if the posts are deleted, will that poster stop putting his comments against Riscuity in the internet? He will again come here and will again post his views. Then, will the job of this forum admin will be to delete those posts only. Where will be that openness that is meant in the forums?
You need to identify the problem first and then solve it. Attacking the forums and other sources won't help in the long run.
Regards
Roxette
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roxette
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| Posted: Fri Feb 17, 2006 6:25 pm Subject: |
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| Quote: |
the one thing I will agree with Mr. Cervelli on is that the posting of employees or company officials private phone numebrs, addresses, etc is in appropriate. While I feel this forum should continue to be open, we should consider adding private identifiable information to the list of things that can't be posted. We don't allow non governmental web addresses to be posted without prior authorization, or email addresses, why should private phone numebrs and residentail addresses be any different? |
I also agree with you. In the comments made by the poster, it is not clear whether the number given by the person is a business phone or personal phone. If the company can quote us the text that is displaying the personal info, we will definitely review it.
| Quote: |
could we possibly provide an area where consumers could contact people such as Mr. Cervelli in a professional and dignified manner when they just can't get anywhere with the front line people? Would Mr. Cervelli like to volunteer to have his direct office number or emaill posted in that section?
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Mr Bob Cervelli can register himself under debtcc forums and then members can discuss either in the forums or through private messages. IMO posting contact details in public won't be a good practice, we can use private messaging which is supported by an email notifier.
We as community will like to provide the platform for discussion. Any suggestion from Mr Carvelli will be highly appreciated and we will like to help him as much possible.
I can send him an email with this link. Hope he comes to the forums to discuss the issues.
Thanks Clay,JJ and Roxette for the support. It feels good to work as a community, please let me know if you require any information from me.
Thanks,
Denny
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Denny
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| Posted: Sat Feb 18, 2006 2:55 am Subject: My 2 cents |
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I have not read the thread. If its true that personal information was posted then its up to the modd to remove it.
We do not like to be harrased and thus should not cross the line and harass someone else either.
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Glynnie11
Joined: 23 Jan 2006
Posts: 243
Location: the Amish Hood Debtcc Points: 1492
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| Posted: Sat Feb 18, 2006 7:29 pm Subject: |
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I had to laugh at Bob's letter about revealing personal information about the CEO...he revealed in his letter that the CEO's wife is pregnant...was that information necessary to accomplish his goal...no, he just gave out personal info about the CEO too!
I also think that the forum is not responsible for the ex-employees of the company, and maybe Riscuity should have them sign some kind of privacy notice when they get hired, then they have legal grounds to go after ex-employees who reveal secret company info...otherwise, that is a risk the company takes. They are probably not the only company that has problems with ex-employees bad-mouthing them, that is a normal thing really...especially if you treat your employees badly. Who knows how Riscuity treats their employees, but these people are not the responsibility of the forum.
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TMD
Joined: 06 Dec 2005
Posts: 284
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| Posted: Sun Feb 19, 2006 9:33 am Subject: |
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It seems to me that if a company is operating in a legal way, then they wouldn't need to send such a letter to defend themselves. We have a right to learn about such companies in an open forum like this. For years, I was in the dark and gave in to threats over various companies. I have not dealth with this company in particular but it's nice to know these things if I every do have to deal with them. We come here to share our knowledge and learn. There must be a reason the ex-employees are coming here to tell their stories. I see ex-employees of Sonic and Cash Today who have also shared their experiences with us. It has been helpful to me when I have dealt with Sonic and they have broken several laws in my case. I agree that this needs to be an open forum.
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CowampChicken
Joined: 20 Dec 2005
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| Posted: Sun Feb 19, 2006 1:47 pm Subject: |
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The letter I am talking about is to not release personal or proprietory information...I worked for General Motors, and we signed something like that. It does not mean you cannot give out their name and address, and comment on their company...it just means you cannot disclose info that is not already made public, etc..or personal info about employees. We were already allowed to give out their name, address, president and CEO names, etc..that is not considered proprietory info, so that would also be ok to put on this forum. Anyone should be able to state their opinion about the company, and their experiences.
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TMD
Joined: 06 Dec 2005
Posts: 284
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| Posted: Tue Feb 21, 2006 1:07 pm Subject: |
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The conversation with Riscuity is still going on. This is the letter we sent to them in response to their first correspondence-
| Quote: | Hi Bob,
We are helping the debt consolidation care community with an open platform for debates and discussions on various debt related issues. If some of the ex-employees of your company are using this forum to bring general awareness which you believe is contradictory, please make your posts explaining the legal existence of your business and working within the FDCPA lines so that the truth stays and your company's reputation is protected. Eventually, this forum is a place of general discussion and we can't remove the entire thread for you or your company.
We are here to provide a platform which can be used by debtors, creditors and the CAs for a better experience and our website is serving the purpose nicely.
I am happy to say that this site has helped many understand the real problem and also has exposed many fraud cases. We will surely like to continue this unique service offered inline with openness.
We appreciate your suggestions and feedback.
Regards,
Denny |
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Denny
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| Posted: Tue Feb 21, 2006 1:11 pm Subject: |
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We have received two more mails from them after sending this reply.
Mail received on Feb 13, 2006
| Riscuity wrote: | Hi Denny,
Thank you for your response. What we have found is then when we go on the board to rebut some of these statements, it just fires up more untrue comments and rumors from ex-employees. So we have tried that approach. Secondly, broadcasting where we live or our personal home addresses is our major concern and would like all that removed.
I am a single parent with a teenage daughter at home. Because of the hours I keep she is home by herself. Having where I live deluged on the internet is not safe for my family or me. Edward Chen has a pregnant wife who is home on her own most of the day. Again not smart to have his telephone number and address broadcast on internet.
If you can not remove the entire thread, I am asking that you remove the rumors of the COO being fired, The personal attacks on the management of this company by Ex-employees. The personal information divulged on the website. You can leave everything else. Again, businessman to businessman, I am making this request. Please do not force us to move towards a court order by taking the legal route. It does you and I no good to spend unnecessary money doing this.
Just remove all comments and posts from ex-employees. These posts have nothing to do with anything other than to voice their grievances with Riscuity and vendetta for why they were fired in the first place. These are the bad apples that we removed from our organization in the first place.
Bob Cervelli |
Mail received on Feb 21, 2006
| Riscuity wrote: | Denny,
I am making one final request to remove the slenderness comments and bashing from ex-employees on your website about Riscuity. This has now become a free-for-all.
We are in the process of lining this company up for major venture funding and possible sale. Not to mention that again, these people are not posting in accordance to YOUR OWN RULES of Terms of use.
With that said, I await your reply. Failure to help remedy this matter will force us to proceed with legal action. This is what I have been trying to avoid with these emails.
We feel this matter is falling on deaf ears as I get no response from anyone associated from your website.
Our corporate counsel is carbon copied on this email for record purposes.
Bob Cervelli |
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Denny
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Joined: 19 Oct 2004
Posts: 1736
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| Posted: Tue Feb 21, 2006 3:14 pm Subject: |
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Hmmm, again I would say.. let them sue, as litigation opens them up to scrutiny in open court. However, I do agree that any member who violates the terms of service should be sanction.. interestingly though in his letter he himself divulges personal information.. and he still cannot spell slanderous.
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jj
Moderator
Joined: 24 Oct 2005
Posts: 1044
Location: Washington State Debtcc Points: 8585
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| Posted: Wed Feb 22, 2006 12:29 pm Subject: |
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If they're on the up and up and don't have anything to hide and are doing everything by the books, then what are they worried about???I think they're afraid of drawing too much attention to what they're doing, and since its apparently not good, from what I've read---they're worried. Last I checked, this was a free country and we have freedom of speech. What are they going to do, put a gag order on all of their clients and tell them they can't talk about them to anyone? get real! JMO shirley
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imkimssister
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Posts: 1341
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| Posted: Wed Feb 22, 2006 12:48 pm Subject: |
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Denny,
Well Crafted Answer
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jj
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Posts: 1044
Location: Washington State Debtcc Points: 8585
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