CMG Recovery Services out of NY

If they really did sue, it's possible if the person does not show up to the court date that a default judgement would have been entered for the CA. (but you would have had to had a summons issued, and be properly served)

Sounds like a bottomfeeder. I would even as so much as dispute the 100 dollars with your bank saying you did not realize that they were not a ligitimate company when you gave them the 100 dollars, and you may have to close your account so they cannot debit it anymore, as they will try.

I would also send a C&D letter to them. I would also send them a debt validation letter.


CMG Recovery Services, LLC
481 Oliver St
North Tonawanda, NY 14120


Toll Free: 1.888.711.7577

Fax: 1.716.957.3433

Thanks, that bank account was closed 2 years ago. What I paid them from for the $100 was from just a preloaded VISA card which has no other money on it.
I sent them the following as an email and also am sending it as certified, return receipt to the address on the letter (which is also the address you listed.) If they contact me or my parents again I will send the C&D letter but for now, this is what I am sending which I am guessing will suffice. I will try to get back my $100 at a later date. Waiting to see how "mad" this email makes them. As my next "payment" date was today, I haven't heard anything yet.

Date: Dec 30, 2008
To: CMG Recovery Services
481 Oliver St
North Tonawanda, NY 14120
Attn: Mark Byer


Mr. Byer,
I am writing in response to your email (which is attached) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in Texas
(5) Copies of all paperwork submitted for this debt to include paperwork showing signatures which attribute this debt to me.

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: because I have disputed this debt in writing within 30 days, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense; you cannot add interest or fees except those allowed by the original contract or state law. you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ???? 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.
Thank you for your prompt attention to this matter.

Also don't forget that under the Fair Debit Collections Act, that they have 5 days to send a dunning letter from the first contact.

Good luck!

Thanks beli2005...I did forget that part but will add it in as a deadline for them. I appreciate your help.

Well, no answer from them as of today (and they recieved my email but not the certified/return receipt letter I also mailed out). Either they gave up (unlikely) or they are lying low for a while. Budd Hibbs gave me a "call script" to use if they call me again. Either that or they went to file whatever they can but they are in NY, I am in TX and they are NOT licensed to debt collect in the state of TX and for them to file a lawsuit would mean they would have to file it here and there is no proof based on my first conversation with them (because it was an internet electornic signature loan). Sigh.........to EVERYONE.....keep your info locked up safely (pay stubs, bank info, id's, etc) even from every family member.

You should send a DV letter CMRR, emails are to easily lost in the internet unknown and they can use that as a defense. Plus, since you are in Texas you can really bite them. Look up Texas finance code, chapter 392. Texas law dictates that you can send DV notice anytime, plus they HAVE to cease all collection activity AND provide proper validation within 30 days, or they must remove any reportings to the credit reports.

Plus, for added bite you can cite Texas Business and Commerce Code, Chapter 17, written notice. basically while they have 30 days to validate, they have 60 days to comply with all of it (including removal if they can't validate in 30 days) or not only can you sue them, but you can sue them for treble damages!

Oh and I had one heck of a good laugh... I looked up Sec 399-A:7 and it is about being licensed as payday lenders! You should quote this to them the next time you talk to them:



That by hiring them as a collector, they are acting in a dishonest fashion and will lose their license. Texas also has nice statues about companies who use unethical CAs!

But what I find so hilarious is they told you to go look up reasons why a payday lender could lose their license!!!!! :lol: :lol: :lol:

honestly I would not spend a lot of time messing with these morons....

i would call them and record the call. In that call I would talk about the threat they made of suspending your driver's license. I would do everything I could to get them on tape confirming the threat. and then I would contact your state attorney generals office ASAP with that tape.

this is of course assuming that you live in a one-party recording state. Then again your DV letter very clearly told them that you will record all phone calls, so in that case i would wait to make this call until after they have signed for your letter. at that point they have been duly notified of your intention and have no excuse.

When it comes to identity theft, your best bet is to file a police report, honestly. you can file a report over a specific debt and state that your identity was stolen by someone who used it without your permission to create this debt. I know it's your daughter, but strictly from a legal standpoint it is an option that can cover your butt. Also, be sure to check your credit reports for any signs of this debt.

Thanks everyone, I took those steps also. And yeah, they are quite the bottom feeders. Wish I had not given them $100 when they first called but I got my script written down for when and if they call me again, on what to say. And TX is a one party right to record state meaning I don't even have to tell them I am recording the call as long as I know it.
I doubt they will sign for the letter, I did send it certified, return receipt requested last Monday to the address on attachment in the email they sent to me.
They will lie low for a while and then pop up again, but thanks for the other TX statute info, I'll add that to my "script" if they call me and quote it and tell THEM to go to a computer, go to google.com and type it in. I was shocked when I read what they told me to look up also (should be fun). And the police won't take a report because it was 2 years ago that my daughter did that but I have alerted all credit reporting bureaus but even getting messed up credit straightened out thru them is a nightmare. Send a million "proof of debt" demand letters and get nothing back but it stays on the report as 'valid'.
Thanks again, I truly appreciate the feedback.

please keep us updated on this, I would love to know what they do next!

I registered as a community member so it should be easier to track these and I'll let you know what happens. Last time they went "underground" for about 6 months.....they will either disappear or I missed something and I will get a knock at the door from sherriff's office (but since it is not my debt and I have done everything I can don't see how they can do that based on my conversations with Tx State AG office and Federal Trade Commission and even local sheriff. I'll let ya'll know though. Thanks to EVERYONE for their help and advice.

You should know that the Texas statues won't work over the phone, as they specifically state it all must be in writing. :) Just so you know.

you are a teacher huh?well that is the biggest bunch of hooey i have ever seen.one,a CA must have license to collect period.some talked about on these threads have no license at all.second,it is up to the CA to prove you not only owe them the debt,but that you owe it period.third,if a lawyer is collecting they also must be bonded in that state...example i am in illinois.if a bottomfeeder calls to collect.let's say PRC for instance.they never state what debt i owe.just that i owe.next they state that they can only take payment by phone.after that they threaten everything under the sun.i send the letters.they violate them.i sue them for FDCPA violations.see how it works?i almost get the feeling you teach collectors and think you can come on here spreading your stupidity.hope people see your idiotic post then mine.now...SCRAM TROLL!!!!!!!!!!

This is true if you don't ask for the documentation in Discovery. If they don't produce it, you file a motion to compel..if they still don't produce you can motion to dismiss (if they don't end up in contempt of court that is).



All you have to do is object to the affidavit as heresay...simple as that. You do that and the judge will not allow it unless they can produce the signer, since this is your basic right under the law.




You can also sue in small claims court.

Oh and yes, you CAN sue someone for not having a bond. Having to have a bond is listed under Texas Finance Code Chapter 392, and then there is this:

Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for:

(1) injunctive relief to prevent or restrain a violation of this chapter; and

(2) actual damages sustained as a result of a violation of this chapter.

(b) A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs.

So yes, a Texas resident CAN sue for a company not having a bond, states that right in the code I coped & pasted above.

so, let me get this right....you have never filed a case yourself in court regarding debt collection law. yet you have students.....

So, I just have to ask--how is it that one becomes a "teacher" when they have no formal first-hand experience on the matter themselves?

Look, let's cut to the chase. I know who you are. And i know of your reputation. I am not saying that you have not done some good, but last time i knew you had your very own website, with your very own forum, in which to grace everyone with your knowledge that was all learned second-hand, so you dont need to come over here and fight with people about how right you are.

At least with so many of us here, we can speak of things we did in court, things that worked for us and others that didnt. And no, we dont need to post up docket numbers to suit you--if you want to run your website that way, thats your business but we dont do it that way here.

for one thing, I take note of your claim that fdcpa violation cases must be tried in federal court. The FDCPA itself disagrees with you and it is known that such cases can be filed and tried in state district courts, not just federal courts. If you need clarification, refer to section 813 of the FDCPA:

now, i am certain that it may not be the best way to go about it, but telling people that they must file in federal court when the law states otherwise, well, that would have me worried about just how well you actually know this law. Then again, anyone can read it themselves....Many of us here bring experience to the table that you simply do not have. And, considering some of the complaints I have seen regarding your handiwork and level of expertise, you should be ashamed of yourself. I seem to recall a forum experience you took part in from 2001....when you were caught red-handed posting as someone else and claiming to be a 73 year old hispanic woman on $300 per month pension. the IP addresses were compared, and a phone number you posted was checked with reverse lookup....and you were flat busted. To me, this is not the action of a professional, nor is it one of a reputable "teacher". Maybe you can tell everyone here about how youre this massively knowledgeable and highly successful credit teacher, yet you needed a secured credit card yourself?? hmmmm......

Any questions, "teacher"?

Thanks for dropping by and do have yourself a blessed new year. With all due respect to you(!), if we want your advice, we know where to find you on your own website. Not to mention, when I write letters for people, I not only dont charge them over $100 to do so, but mine dont contain grammar and spelling errors.

kthxbyenow

i didn't know this mope has his own site.good lord. :roll: :roll:

unless this is an imposter, the name 'creditwrench' belongs to a website by the same name. the guy's name is Bill Bauer, and he has had a slew of complaints against him. and like I said, I am sure that he has given out some good advice over the years...but some things just dont have an excuse in my opinion.

you mean like the stuff he's posting here for example?

well, like I said, i have heard of complaints ranging from charging "customers" more than $100 for writing a couple of simple letters that are available for free on all the forums these days. I have seen complaints of poor grammar and spelling errors in these letters, which were intended for the customer to provide them to the court. Imagine how well your case will go for you when your documents look like a 4th grader wrote them?

Back a few years, someone posted a complaint about him on a credit forum. The complaint was from a customer. Well, Billie Bauer himself showed up but didnt even have the guts to post as himself. Instead, he claimed to be a 73 year old hispanic woman whose only income was $300 in pension funds each month. Well...the folks on that forum checked the IP's and his IP matched almost exactly with this woman's. Then there was the screen name that the "old woman" posted under--it was 'bernab'. "Bernab" signed up and stated that "her" location was OKC...and we already knew that this guy Bill was from OKC. not to mention that he had posted his phone number up in another post elsewhere....someone found that number and did a reverse lookup on it--remember, this number came straight from Bill Bauer himself saying that it was his number. A reverse lookup showed that the phone was in the name of Bernarda Power--also known as Bernarda Bauer....hence, 'bernab"

The guy was caught red-handed. Strangely enough, he never posted again after that...here is a link to that forum thread if anyone would like to see for themselves.

in either case, this is NOT the behavior of someone who should be collecting money from people so that he can act professionally for them in such a tricky environment as court.....

because troll.i know of two people.one that got a default judgement dismissed with prejudice.another that is on there way to getting a judgement dismissed for improper service.how's that for results.oh and trolls come in all forms.spreading not totally accurate info is a troll-like act to me.keep it up and you will be bye-bye.got it?

So, the old adage rings true...

those that can, do...those that cannot, teach....



forgive me for sounding like I am laughing at you....but that's probably because, well, I am....

"learning the hard way"? Look--you have already stated that you do not know the hard way. The hard way is when we have people join our forums in a panic, unable to sleep at night, because a debt collector calls them 62 times each day, at home and work, threatens to have their house taken away, their wages garnished, threatens to have them arrested, threatens to shave their cat and make it walk backwards.....and all for a debt that they know nothing about. THAT is the hard way, my friend. you have already stated that you have no actual experience there, so kindly dont BS me.

I also know what it means to attend college to study the law. Meaning, I've been there. that does not in any way by itself qualify me to do the things you try to do.



Bob and Tom have a podcast and a website too....that doesnt mean we should take legal advice from them either.



The point was simple-we dont need you with your questionable reputation coming in here to challenge people about what they know and thinking you have any business calling them out to show you case numbers. they arent here to prove themselves to you. you have your own website to act like that on, no?



I'll start you off with a name from this forum....shazzers. she's someone that I did not ever know until she posted a thread here about a CA that was hounding her. Thanks to letters I wrote, laws i helped her look up and interpret, and the research we both did, she was able to get a multi-thousand dollar garnishment stopped, the judgment for that debt vacated due to improper service, and then the case dismissed in her favor thanks to the debt collector breaking the law. This place offers help for people who dont know the laws. As evidence of what we claim, we offer the laws themselves. we frequently talk about case law here. people share their experiences all the time. and I have NEVER, not ONCE, seen a legitimate case where someone followed the advice that they have been given here, and lost because of it. So much for that one, chief.

if anyone here doesnt know if the advice they got was sound, the laws in question have been posted all over the place. We instruct people to seek counsel if they are still uncertain. We dont advocate anyone using our advice as the end-all of advice. So, since you clearly have no idea what youre talking about, please try using a little more thought along those lines, thank you.



tell you what--here is exactly what you said on the matter. you read it and tell me which of the three choices you provided applies the best.....







Please, stop me at the point where i didnt read your post, or where i misunderstood the fact that you continually only said federal court.



first off, you dont have the slightest clue what my experience is. Second, you can say whatever you like--but since you've never set foot in a courtroom because youve faced a debt collector like this, you cannot possibly expect me or anyone else here to understand anything other than this--you did some research and then you turned it into getting paid for your "services". Services, i might add, that were completely untested when you first began handing out advice to your "customers". When I said we have experience that you do not, I was saying that by going into court ourselves and dealing first-hand with the situations that can be found there, we have ourselves experienced something that:

1---you admit you have no first-hand experience in yourself....
2--you teach others to go and do for themselves....often for a fee.

yep, thats exactly what i have already said. thanks for letting me clear that up a little better for ya.



wow....and right after you just told us that this all is nothing more than "rumors" and 'fabrications', you respond to my very next point with this:



So....FIRST, you tried to discredit what I said by saying "no, thats all just rumors, thats it"....and THEN, when i bring up an example of what I have claimed, you say "yes, that really did happen".....

Seems to me that you tripped over your own excuses on that one, sport. if it's 'just rumors, that's all", then it seems quite odd that you would then be forced to admit the truth--that you lied more than once and tried to play the jr high school game of "let's hide ourselves over the internet".....not to mention, this was posted on an internet forum. you claim that this was "an old witch running around the desert in a beat-up pickup truck"....but that "old witch" not only had internet access(!), but also used quite acceptable grammar in their posting about you. not too many crazy old desert-rat old women in ragged pickup trucks these days that have that access and intelligence, chief....you may want to rethink that excuse, because it simply doesnt add up.



so, you do not agree that your actions in that situation were ridiculous? you dont agree that you should have handled the situation with some honesty? you dont agree that you were wrong to play such BS games? After all, if your complaint about that person had any merit at all, why would you have had to LIE to protect your name????

the answer is, you would not have had to. think that one over before you reply.



pal, I've been to your website before. I have seen how you work things. And there's nothing wrong with how you do it, as long as you have integrity and do not need to lie to cover your ass like you just got caught doing! you offer some advice for free, and then, when someone repeatedly asks you for help, you tell them that you can offer them more help if they sign up for your services. That's how that person ended up paying you over $100....they had your "service" for about three months. and, you wrote that person two rather generic validation/estoppel letters.....please, DO tell, what do debt validation letters have to do with a defamation claim? Sorry, jack, your story's getting more holes in it by the minute.



for real, are you kidding me? i said ON A LEGAL DOCUMENT. what on earth does that have to do with typing on a forum??? Seriously, you need to get over yourself, and fast.

Well I won a case and I used small claims to do it, so I am proof positive it can be done. Besides, I have seen it just from what has happened to other people, that if you defend yourself in court, most (not all) people get the case dismissed. Any statistics on this? Not that I am aware of...but those I have known to go to court and fought the CA have won most of the time.

well skydiver i went to creditwrench's site and it's a joke of a train wreck.same stuff that they post here.for every bit of good advice he sprinkles in the dumbest statements.i warned him.will do so again.i am going to the ADMIN'S about this person.until it's resolved i will delete everything from now on.those posts serve no purpose but to flame,and insult us.i will have no more of it.just do not worry about ceo/creditwrench anymore.

The OP has asked this thread be opened again. Please let us all try and keep this on-topic

Sorry can't use my original screen name right now due to being locked out and not getting help resetting it when it won't send me a password reset to the email on file.

Anyway......Several people asked to be kept updated......CMG Recovery Services (or someone at their physical address) DID sign for the certified return receipt letter this past Monday morning. So, they have been given notice, if they don't comply, I will have to follow up with another letter letting them know that since they did not respond in the timeframe I requested, the debt is now null and void and they should not attempt to resell it.
Anyone have a good form letter or template for that type of scenario or the next step when they don't reply to my request?
Trying to dot all the "i's" I can and cross all the "t's" I can in case they try to sneak it into a court or someone else (the next bottom feeder) contacts me 6 months from now, per the pattern these have taken.

Thanks in advance for everyone's help so far and I"ll have to save this question to my favorites so I can find it again until my account is fixed.

Not only are they ruthless and will tell anyone who answers the phone your private business they also are calling from this number (716) 957-3846, this time they even demanded a call.

How can they get away with their tactics?

I am in AR & am going thru the exact same thing w/this crazy company & would like some advice on how to proceed. I have also paid them some money because they scared me but I don't ever remember even doing something like this. They are threatening me w/losing my d/l as well.

Send them a cease calling letter and a debt validation letter and tell them you will not hesitate to have your attorney file a suit for violations of the fdcpa. Even if you do not have an attorney. If they continue, sue them if you can find them. If you can't find them then do not take them seriously and keep hanging up until they go away.

IF THEY CONTACT YOU HIRE AN ATTORNEY THEY CAN BE SUED FOR HARRASSMENT THE CALLS THEY MAKE ARE ILLEGAL AND A VIOLATION OF THE FAIR DEBT COLLECTION PRACTICE ACT SEE THEIR MOSE RECENT TRIAL THEY ARE BEING SUED NOW

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
RYAN STEVER )
)
Plaintiff, ) Civil Action No.
)
vs. )
)
CMG RECOVERY SERVICES, LLC )
)
Defendant. )
____________________________________)
COMPLAINT
UNLAWFUL DEBT COLLECTION PRACTICES
1. This is an action for damages brought by an individual consumer for Defendant???s violations of the Fair Debt Collection Practices Act, 15 U.S.C. ?? 1692, et seq. (hereafter the ???FDCPA???) and the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. 2270.1 et seq. (hereafter the ???FCEUA???), constituting unfair and deceptive acts and practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. ?? 201-1, et seq. (hereafter the ???UTPCPL???). These laws prohibit debt collectors from engaging in abusive, deceptive, and unfair collection practices.
II. JURISDICTION AND VENUE
2.
Jurisdiction of this Court arises under 15 U.S.C. 1692k(d), 28 U.S.C. ?? 1331, 1337, and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. 1367.
3. Venue lies in this district pursuant to 28 U.S.C. 1391(b).
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 1 of 9
III. PARTIES
4. Plaintiff Ryan Stever is an adult individual residing at 117 N. Main Street, Apartment 3, Sellersville, PA 18960.
5. Defendant CMG Recovery Services, LLC is a business entity regularly engaged in the business of collecting debts with its principal place of business located at 481 Oliver Street, North Tonawanda, NY 14120. The principal purpose of Defendant is the collection of debts using the mails and telephone, and Defendant regularly attempts to collect debts alleged to be due another.
IV. FACTUAL ALLEGATIONS
6. At all times pertinent hereto, Defendant was hired to collect a debt relating to a pay day loan (hereafter the ???debt???).
7. The debt at issue arises out of an alleged transaction which was primarily for personal, family or household purposes.
8. On or about October 16, 2008, Defendant contacted Plaintiff???s mother at her place of residence in an attempt to coerce Plaintiff???s payment of the debt. During the conversation, Defendant disclosed the debt. Additionally, Defendant falsely identified himself as a ???private investigator,??? and falsely threatened to put the Plaintiff in jail if the debt was not paid.
10. Notwithstanding the above, on or about October 16, 2008, Defendant contacted Plaintiff at his place of residence in an attempt to coerce payment of the debt, with the intent to annoy, abuse, and harass such persons contacted. During the conversation, Defendant threatened to sue Plaintiff. Additionally, Defendant falsely threatened to have a warrant issued for Plaintiff???s arrest if the debt were not paid.
2
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 2 of 9
11. In response to the above, on or about October 16, 2008, fearing he would be placed in jail, Plaintiff paid the debt.
12. The Defendant acted in a false, deceptive, misleading and unfair manner by harassing, oppressing and abusing the Plaintiff including, but not limited to, repeatedly and continuously contacting the above person with the intent to annoy, abuse, and harass such person contacted.
13. The Defendant acted in a false, deceptive, misleading and unfair manner when it, without permission from the Plaintiff, communicated with persons other than the Plaintiff that Plaintiff owes a debt.
14. The Defendant acted in a false, deceptive, misleading and unfair manner by threatening to take action that it did not intend to take for the purpose of coercing Plaintiff to pay the debt.
15. The Defendant acted in a false, deceptive, misleading and unfair manner by falsely representing or implying that the consumer had committed a crime.
16. Defendant knew or should have known that their actions violated the FDCPA, FCEUA and the UTPCPL. Additionally, Defendant could have taken the steps necessary to bring their actions within compliance with the FDCPA, FCEUA and the UTPCPL, but neglected to do so and failed to adequately review their actions to insure compliance with said laws.
17. At all times pertinent hereto, Defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendant herein. 3
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 3 of 9
18. At all times pertinent hereto, the conduct of Defendant, as well as that of its agents, servants and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein.
19. As a result of Defendant???s conduct, Plaintiff has sustained actual damages including, but not limited to, injury to Plaintiff???s reputation, damage to Plaintiff???s credit, out-of-pocket expenses, physical, emotional and mental pain and anguish and pecuniary loss, and Plaintiff will continue to suffer same for an indefinite time in the future, all to Plaintiff???s great detriment and loss.
V. FIRST CLAIM FOR RELIEF-VIOLATION OF THE FDCPA
20. Plaintiff incorporates the foregoing paragraphs as though the same were set forth
at length herein.
21. Defendant is a ???debt collector??? as defined by 15 U.S.C. 1692a(6) of the FDCPA.
22. Plaintiff is a ???consumer??? as defined by 15 U.S.C. 1692a(3) of the FDCPA.
23. The above contacts made between the Plaintiff and Defendant were ???communications??? relating to a ???debt??? as defined by 15 U.S.C. 1692a(2) and 1692a(5) of the FDCPA.
24. Defendant violated the FDCPA. Defendant???s violations include, but are not limited to, violations of 15 U.S.C.1692b(2), 1692c(b), 1692d, 1692d(5), 1692e, 1692e(5), 1692e(7), 1692e(10) and 1692f, as evidenced by the following conduct:
(a) Communicating with persons other than Plaintiff that Plaintiff owes a
debt;
4
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 4 of 9
(b) Communicating, in connection with the collection of a debt with persons other than Plaintiff;
(c) Engaging in conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt;
(d) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
(e) Threatening to take action that cannot legally be taken and/or is not
intended to be taken;
(f) Falsely representing or implying that the consumer has committed a crime; and
(g) Otherwise using false, deceptive or misleading and unfair or
unconscionable means to collect or attempt to collect a debt.
25. Defendant???s acts as described above were done with malicious, intentional, willful, reckless, wanton and negligent disregard for Plaintiff???s rights under the law and with the purpose of coercing Plaintiff to pay the alleged debt.
26. As a result of the above violations of the FDCPA, Defendant is liable to Plaintiff in the sum of Plaintiff's actual damages, statutory damages, and attorney's fees and costs.
WHEREFORE, Plaintiff respectfully prays that relief be granted as follows:
(a) That judgment be entered against Defendant for actual damages pursuant to 15 U.S.C. 1692k(a)(1);
(b) That judgment be entered against Defendant for statutory damages pursuant to 15 U.S.C. 1692k(a)(2)(A);
5
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 5 of 9
(c) That the Court award costs and reasonable attorney's fees pursuant to 15 U.S.C.1692k(a)(3); and
(d) That the Court grant such other and further relief as may be just and proper.
VI. SECOND CLAIM FOR RELIEF-VIOLATION OF THE FCEUA AND UTPCPL
27. Plaintiff incorporates the foregoing paragraphs as though the same were set forth
at length herein.
28. Defendant is a ???debt collector??? as defined by 73 P.S. 2270.3 of the FCEUA.
29. Plaintiff is a ???debtor??? as defined by 73 P.S. 2270.3 of the FCEUA.
30. The above contacts made between the Plaintiff and Defendant were ???communications??? relating to a ???debt??? as defined by 73 P.S. 2270.3 of the FCEUA.
31. Defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by the UTPCPL, by attempting to collect the alleged debt in violation of the FCEUA. Defendant???s violations of the FCEUA and UTPCPL include, but are not limited to, violations of 73 P.S. 2270.4(a), as evidenced by the following conduct:
(a) Communicating with persons other than Plaintiff that Plaintiff owes a
debt;
(b) Communicating, in connection with the collection of a debt with persons other than Plaintiff;
(c) Engaging in conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt;
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Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 6 of 9
(d) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
(e) Threatening to take action that cannot legally be taken and/or is not
intended to be taken;
(f) Falsely representing or implying that the consumer has committed a crime; and
(g) Otherwise using false, deceptive or misleading and unfair or
unconscionable means to collect or attempt to collect a debt.
32. Defendant's acts as described above were done with malicious, intentional, willful, reckless, wanton and negligent disregard for Plaintiff???s rights under the law and with the purpose of coercing Plaintiff to pay the alleged debt.
33. As a result of the above violations of the FCEUA and UTPCPL, Plaintiff has suffered ascertainable losses entitling Plaintiff to an award of actual, statutory and treble damages and attorney's fees and costs.
WHEREFORE, Plaintiff respectfully pray that relief be granted as follows:
(a)
That judgment be entered against Defendant for actual damages pursuant to 73 P.S. 201-9.2(a);
(b)
That judgment be entered against Defendant for statutory damages pursuant to 73 P.S. 201-9.2(a);
(c)
That judgment be entered against Defendant for treble damages pursuant to 73 P.S. 201-9.2(a);
7
Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 7 of 9
(d)
That the court award costs and reasonable attorney's fees pursuant to 73 P.S. 201-9.2(a); and
(g) That the Court grant such other and further relief as may be just and proper.
VII. THIRD CLAIM FOR RELIEF- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
34. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
35. As a result of Defendant???s reckless and intentional conduct, Plaintiff sustained physical injury as well as mental distress as more fully outlined above.
36. Due to the reckless and intentional conduct of the Defendant, it was foreseeable that Plaintiff would suffer severe emotional distress, harm to their physical and psychological well-being and physical harm to the present day, as fully outlined above.
WHEREFORE, Plaintiff claims compensatory, punitive and all other forms of cognizable damages against Defendant and judgment in his favor, plus lawful interest thereon, attorney???s fees and costs of suit.
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Case 2:08-cv-05783-ER Document 1 Filed 12/12/2008 Page 8 of 9
9
VIII. JURY TRIAL DEMAND
37. Plaintiff demands trial by jury on all issues so triable.
RESPECTFULLY SUBMITTED,
FRANCIS & MAILMAN, P.C.
BY: /s/ Mark D. Mailman
JAMES A. FRANCIS, ESQUIRE
MARK D. MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
MICHAEL J. SZYMBORSKI, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
Attorneys for Plaintiff
Dated: December 12, 2008

Lovely! Ryan, you're my new hero!

Anytime a collection agency clearly violates the FDCPA, file a complaint with the FTC and your State Attorney General's Office. If (when) they call you back, inform them that you have filed against them. If they continue - sue them!

These people follow these illegal and deceptive tactics because they work. This community provides knowledge, and hence power against these unethical companies. Freedom is a privilege, do not let anyone oppress you.

Three cheers for Ryan! Hip, hip, hooray!

chrys

It is getting ridiculous to file complaints with the FTC and the State Attorney General's Office when debt collectors violate FDCPA. Even with recordings, mail, emails, etc as proof.
You get a "form" card from the AG office and nothing comes of it and calls continue. FTC doesn't care, they do NOTHING.
When you are unemployed, you cannot afford an attorney so to continue to advise people to "hire an attorney".......who is suppose to pay for that when the debt is NOT OURS and we have proven it over and over to each and every bottom scum feeding collection agency?

It is not. It requires MORE people to file complaints. These companies get away with it because most people do not fight back.

File, file, file! Let's start our own "million debtor march" and demand freedom from abusive collection agency practices!

ROFL.......that gets everyone no where when companies move around and skirt the law.
You get nowhere when you file with FTC or the State Attorney General's office, they "file" it.

you know what.i'm guessing your a shill for this company.filing does work.it just takes time and enough complaints.the FTC action against heathmill in the UK is evidence of that.you don't want people filing because eventually your company and others like it will have to deal with the FTC or an AG one day when enough complaints are filed.well we still will and there is nothing you can say or do about it.

Update on that one.

It takes complaints filed according to procedure and with documentation, but even if not in perfect structure, enough complaints about the same companies charging the same violations are brought to their attention.

These violators really hope that people continue to be ignorant of their rights and the procedures in place to defend those rights.

Although it's going to be tough to drag foreign companies into our court system, it focuses attention on them to show that they are suspects. Our system works!

chrys

Their are many laws, the important one is that if you borrowed it, pay it back, quit looking for reasons to cheat people, or not due your part in repayment. 2nd, if they own the debt, they own you, so watch what you say and do, it could come back to bite you, and 3rd and final, I wouldnt be listening to all these wanna be lawyers on here, half of them have horrible credit, so on so forth from doing the same kind of nonsense that they are telling you to do, get a real lawyer if you want advise, thay are gonna help you to have terrible credit like themselves if you listen to every tom dick and harry that thinks they know it all ......... enough said lol

[size=3]To the troll post above get a life!![/size]
??
[size=3]First no one??is??claiming to be a lawyer. If you do not like what you read go away!![/size]
??
[size=3]Second we do not tolerate Trolls like you posting nonsense so again please leave! [/size]

[size=3]Third life happens, stuff happens so get off your highhorse and go back to bottom feeding cc or collection agency you work for. We are here to help people not judge them, because idiots like you do not understand!![/size]

to the humanoid.so you are saying that instead of listening to us they should just pay everyone who calls and threatens.as anya said nobody is claiming anything except we have experience on our side and what we advise works.if it didn't then all AG'S,THE FTC,AND THE BBB wouldn't exist either.back to the phones humanoid.you have people who haven't had the good fortune to find us to harrass.

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