Litigious Consumer

Is Cach llc Collection Agency Placing you at Risk of Identity Theft?

Litigious Consumer — Sun, 07 Dec 2008 07:09:47 +0000

Cach LLC Collection Agency has a notorious past ans is sued several times per year for violations to the Fair Debt Collection Practices Act and for other violations of consumer law. They operate under many different names and aliases as well. Scott Lowery Law Office, Pentagroup Financial, LLC, National Asset Recovery, Hollis G Price Jr., P.C.,J.A Cambece Law Office, P.C., Bronson & Migliacciao,LLP and Law Office of Sam Streeter is just a sampling of other companies named as co defendants in the suits against them in recent times.

What this mean to consumers is that your information is passed around to many different companies and individuals when you have an account being collected by Cach llc and this should give you caution. You may unknowingly become a victim of Identity Theft due to how loosely your information can be handled by these companies.

If Cach LLC is trying to collect money from you you need to protect yourself. It could even be for a debt that you do not even owe or that the statute of limitations had expired on long ago thus making the debt non enforceable in a court of law. Also many states do not require people that work for collection agencies to pass background checks and nowhere in their employment policy that we could find does it say one is required prior to going to work for Cach LLC.
There are few things that we recommend you do:

If they are contacting you make them provide validation of the debt. This will make them stop collection activity until they can get back up documentation.
Take a look at Equifax Credit Watch - Then you can get a copy of your credit report and see how or if they are reporting it to your credit file. Many times they intentionally poison credit reports.
Protect your identity!!!!

How to Make Sure Your Identity is Safe if Cach llc is Coming After You

The easiest way to protect your identity is to sign up for LifeLock. LifeLock gives you a one million dollar identity protection guarentee and helps you restore your identity if it is every misused by anyone not just Cach LLC. LifeLock is offering readers here a 30 day free trial of their service then after that the cost is only $9 per month which is 10% off their normal price. You have to click to them from this page to get the free month and the discount. Just click anywhere your see LifeLock on this page and restore your piece of mind in knowing that nobody can steal your identity and misuse your credit or commit crimes in your name.

Stop Calls From Collection Agencies

Litigious Consumer — Thu, 18 Oct 2007 05:43:44 +0000

Have you been receiving calls from unknown sources? If you have you are not alone. Based on the the number of searches done for random phone numbers there appears to be a huge problem with unknown calls. Chances are if you are receiving calls from unknown sources it is probably from either collection agencies or telemarketers.

If you are receiving calls from collection agencies at work you can tell them on the phone to not call you at work ever again and they have to abide by that. If they call you again at work after being told to stop they probably owe you money under the Fair Debt Collection Practices Act. They are just not going to send you the money. You have to enforce your rights under the Fair Debt Collection Practices Act. You can do this yourself or hire an attorney to help you. About the most you can get for it is $1000 unless it causes you grief on your job then potentially the sky is the limit.

The first thing you need to understand just because you may owe money to someone it does not give them the right to bully you around. So if they are calling you at work or even home and you tell them to stop and they don’t you can collect from them. It is considered harassment to be called by a collection agency after you tell them to stop calling you. It is your right and within the law. You do not have to put up with collection agency harassment!!

If you do not have a reason to be in collections and are receiving calls from collection agencies you may be a victim of Identity Theft and not even know it yet! We have teamed up with LifeLock to help readers of this site to help protect their Identity. They have offered readers a 10% discount of their services with the first thirty days for free. So what does this mean to you? When you visit LifeLock you can sign up and get a 30 day free trial of their services and after that the cost is only $9.00 per month less than the price of lunch. All you really have to lose is your Identity. Visit LifeLock today and save 10%

Stop Phone Spam

Litigious Consumer — Tue, 02 Oct 2007 03:05:48 +0000

Receiving tons of unwanted phone calls from unknown sources can be particularly annoying. Just as receiving tons of Unsolicited Commercial Email can be a drain on your time and resources. Many times unwanted phone calls and unwanted emails are attempt to phish personal information from the recipient. How you handle yourself when you receive this type of call or email can make the difference between becoming a victim of Identity Theft or not.

If you desire to strike back against companies that spam you or call you for no know reason start researching The Telephone Consumer Protection Act and the US Can SPAM Act. These laws have lots of teeth to get unscrupulous marketers to pay up for their indiscretions.

But before you fly off sue happy make sure you have taken the time to protect your Identity. We recommend LifeLock as an inexpensive way to protect your Identity from scammers. One of the signs that you may be a target for Identity Theft is if you receive repeated phone calls with no one on the other end. This is commonly used to verify the list of information they have acquired. This is usually followed up by spam emails to lure your personal information from you.

Take a look into LifeLock. As a visitor to this site you will receive a 10% discount for their services by using any LifeLock link on the sight. They take the time to do it right for you and back up their services with a $1,000,000.00 guarantee if your Identity is stolen while enrolled in their services. They will give you a 30 trial of their program and then the monthly cost is only $9.00 after your trial has expired. At that price all you have to lose is your Identity. Visit LifeLock today.

Why are they calling me - Did they Steal My Id?

Litigious Consumer — Mon, 24 Sep 2007 14:23:38 +0000

Receiving Calls from Unknown Sources can be disheartening to say the least. Many times when you are receiving calls of this nature you may be a victim of Identity Theft and not even know it! Unscrupulous overseas telemarketers buy mailing list that have your personal information on it and use that to attempt to exatract more information from you on the phone or sometimes they call with no intention of talking with you they just want to verify that the information they have is accurate.

If they have a good name, address and phone number they can use that information to steal your Identity and open credit accounts in your name. It is hard for the long arm of the law to travel to places like Pakistan or Nigeria because someone got a credit card in your name. That is why we have teamed up with LifeLock. Their services are invaluable in Preventing Identity Theft. They back up their services with a $1,000,000.00 guarantee if your Identity is Stolen. The cost of this service is only $9.00 per month if you sign up from our site. This is a 10% savings and they will give you the first 30 days for free. With the cost being so low all you really have to lose is your Identity. Just click on the banner on the left or anywhere you see the words LifeLock to get your discount and free thirty day trial. Visit LifeLock today.

Citifinancial Auto Same Old Story, Same Stalling Tactics

Litigious Consumer — Wed, 22 Aug 2007 00:53:40 +0000

We were informed today that Citifinancial Auto is still using the same stall tactics they used when they spoke with the individual whose rights they violated. They claim their position is that the reader gave them permission to call their cell phones with predictive dialers, because those were the contact numbers given to them.

Well I am going to help Citifinancial’s Attorneys with their research. Giving a number as a contact number is one thing. However that does not give you permission to break the law and call an leave prerecorded messages or use an auto dialer to call that number. It is not the provider of the phone number to revoke that permission, it is the responsibility of the person calling with the predictive dialer to make sure that they are not calling a cell phone.

It sounds like Citifinancial Auto made their bed now they have to lay in it. What was really stupid on Citifinancial Auto’s part is they knew they were dealing with someone who knows the Telephone Consumer Protection Act and he warned them and they still kept calling his cellphone with a predictive dialer. DUH !!

If I were this particular consumer I would seek a lawyer to file a class action suit against the big bad CitiGroup and bring in national attention. So Mr. R if you are reading this let Clark Howard know and the rest of the world. I am sure there is an attorney somewhere that would love to beat these self righteous bastards in the ground.

Here is an interesting article that will alone prove this consumers case that using an autodialer to call a cellphone is ILLEGAL.

It is written by the ACA - The American Collectors Association, in simple terms you must have prior permission to call a cellphone with a predictive dialer You can see their stance here.

Also let me attempt to give Citifinancial Auto attorneys watching this some cluse on how to read the law.

47 C.F.R. 64.1200 (Restrictions on Telephone Solicitation)

Code of Federal Regulations
Title 47

Subpart L–Restrictions on Telephone Solicitation

§ 64.1200 Delivery Restrictions.

(a) No person may

(1) Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice,

(i) to any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

(ii) To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or

(iii) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;

(2) Initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by § 64.1200(c).

(3) Use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.

(4) Use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.

(b) For the purpose of § 64.1200(a) the term “emergency purposes” means calls made necessary in any situation affecting the health and safety of consumers.

(1) that is not made for a commercial purpose,

(2) that is made for a commercial purpose but does not include the transmission of any unsolicited advertisement,

(3) to any person with whom the caller has an established business relationship at the time the call is made, or

(4) which is a tax-exempt nonprofit organization.
If you will not the highlighted text you will see there is NO Exemotion for calling cellphones with a predictive dialer. The exemptions given are if they apply to:

(2) Initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by § 64.1200(c).

Learn reading comprehension or be ready to pay up big time!! There is no EXEMPTION for calling cell phones with an automated dialer. None, Nada, Zip, Zero

Stay tuned I will have a copy of the July 17, 2007 call to Melva where the reader told her not to call his cellphone.

* The webmaster is not an attorney opinions and views expressed here are his own. Do not take this as legal advice it may get you in trouble. If Citifinancial Auto is calling your cell phone leaving recorded messages get an attorney and sue their ass.

Proof of CitiFinancial Auto Breaking the Law

Litigious Consumer — Sun, 19 Aug 2007 18:37:29 +0000

Well the saga with CitiFinancial Auto is not over. As an update the Local Judge in the readers county would not allow them to take out a warrant against Manning Recovery, however he encouraged him to seek a civil claim. However, the reader was smart, they have recorded phone calls with CitiBank’s legal department telling them that they are breaking the law using a predictive dialer to call his cell phone without his permission. He informed them on numerous occasions not to call his cell phone. The transcript of the July 18, 2007 calls to Melva Vitela are available, but they give to much personal info to be shared here. Needless to say he warned her about calling his cell phones with predictive dialers.

Apparently their legal department and unscrupulous collection department do not share information, because after the July 18th notice there are three confirmed calls via a predictive dialer to the readers cell phone. There may have been others but these are the ones we have copies of.

Just click on the dates below to hear them:

If you listen to the calls you will notice that they do not even use the name of CitiFinancial Auto but the name of Arcadia, which they purchased a few years ago. In this readers home state it may be considered false and deceptive business practices, however each call lited above contains two violations each of The Telephone Consumer Protection Act.

The first obvious violation is calling their cellphone with a predictive dialer after being informed that they were breaking the law.

3 calls x $500 = $1500 but this amount will be trebled because they already knew that the owner of the cellphone did not want them calling his cellphones so just for that one violation it is $4500 that Citi Financial Auto will pay them.

The second Violation contained in each call is they did not give their true business name. They imply to call Arcadia for success. Through this subterfuge it appears to be a solicitation to a cellphone. 3 x $500×3= $4500 more dollars, when the reader prevails in court.

$9000.00 in damages in three calls not to mention the readers state laws which could cause that amount to treble. Making each call worth $4500 for a total of $27,000. This is on top of all of the other illegal calls to the reader.

I hope Citi Financial Auto is reading this and contacts the reader to settle this out of court.

- Disclaimer: The webmaster is not an attorney. Nothing read here should be taken as legal advice. If you are dealing with a situation such as this you should consult an attorney or research the law yourself.

Some contact info for people at NCO

Litigious Consumer — Wed, 25 Jul 2007 01:10:28 +0000

If you have been dealing with NCO here are some email addresses and phone number of people that work there. Some are High level and some are peons. It is upto you to figure it out. If you are looking for contact info for companies, here is a simple way to use google to run them down.

Goto Google.com and search for “@domainname.com” You can usually find who you are looking for. So if you are looking for contact info on emplyees at NCO you can just google search “@ncogroup.com” make sure you use the quotes”". Then google will return only results with @ncogroup.com in them.

Well here is a partial list of contact info for NCO I was able to gather using this method.

NCO Financial SYSTEMS, INC.
Parent of NCO Groups Inc

Russ D. Bingman, Account Executive
NCO Financial, Inc
909 E. Republic Dr.
Springfield, MO 65807-6004
Ph (417)882-7183, ext 2250
russ.bingman@ncogroup.com

NCO Group, Inc.
Michael J. Barrist, Chairman and CEO
Steven L. Winokur, EVP, Finance and CFO
(215) 441-3000

John Adonnino
Vice President - Sales
507 Prudential Road
Horsham, PA 19044
Phone: (800) 227-4000
Fax: (215) 441-3923
john.adonnino@ncogroup.com

Marc Soda, CISSP
Information Security Engineer
NCO Group
215.441.2127
marc.soda@ncogroup.com

Jim.Mangione@ncogroup.com

Juan R. Meléndez
Chef/Owner
TEL. (787) 603-0350
juan.melendez@ncogroup.com

Manny Cardozo
Ph: 813-991-6654
manny.cardozo@ncogroup.com

Christina Cimaglia
PH: 772-559-8782
christina.cimaglia@ncogroup.com

(We’re pretty sure he’s one of those $8.00/hr phone boys… >>

Daniel Nielsen
daniel.nielsen@ncogroup.com

..and poor Jimmy – always having trouble with his fax machine…since he HAS one, we’ll assume he has his own desk, anyway
jimmy.riley@ncogroup.com

Christoher.Sten@ncogroup.com
Ph: 215-441-2172

In Lori’s spare time, she’s Vice President of the Parent-Teacher-Students Association at Jarrett Middle School in Springfield, MO. We think NCO is awfully nice to let all these employees use their work email for personal use.

Lori Halverson
Ph: 882-5206
Lori.Halverson@NCOgroup.com

Last but not least, Norm wants you to audition for his upcoming community theatre play, which we think is particularily appropriately titled. You can reach him at home in the evenings - …um……before 9pm

Auditions for The Mousetrap, directed by Norman Berger
Ph:215-822-8372 (evenings)
norm.berger@ncogroup.com

CitiFinancial Auto causes personal property damage and may have violated the law.

Litigious Consumer — Thu, 19 Jul 2007 01:47:14 +0000

CitiFinancial Auto hired an agent to repossess this readers automobile and caused damage to their property. A picture of the damage is attached to this post. You will notice the apparent skid marks, according to the reader that went over 200 ft., these were caused by the repo agent pulling the vehicle from their yard by the rear of the vehicle while it was in park, thus causing the skid marks. According to the reader they extended from the rear or their home down a long drive into the road.

Click on Picture to Enlarge Image

The reader has filed a police report with their local sheriff’s department and will be seeking warrants against the repo agents and Citifinancial Auto Officers. One of the agents name is Norma Jean Manning as verified by the sheriff’s department. CitiFinancial Auto claims that they are not responsible for the damage. After some research we have verified that CitiFinancial Auto is responsible for their agent’s actions for the damage caused by their agent. The appropriate charges will probably be criminal trespass.

There are also other issues with CitiFinancial Auto concerning the Telephone Consumer Protection Act. They apparently used automated dialers to call cellphones in this situation. The TCPA does not provide exclusions for a prior business relationship. It is illegal to call a cellphone with an automated dialer. You can find out more about the exclusions to the Telephone Consumer Protection Act here. The TCPA prohibits automated dialed calls to cell phones and prerecorded messages to cell phones. According to the reader they have received dozens of prerecorded calls to their cellphone.

Stay tuned for more information on this situation. There will be more information on the TCPA violations in the next few days. The reader has also agreed to submit us copies of the warrant application naming the Mannings and Citifinancial officers for criminal tresspass for causing damage to their property. I have also been advised when this reader tried to amicably resolve this situation directly with Citifinancial Auto they were treated rudely by their representative Melva Vitela who can be reached at 888-776-3780.

Beat Collection Agencies at their own game

Litigious Consumer — Wed, 04 Jul 2007 20:37:37 +0000

When they call you do not have to talk to them. As a matter of fact if you tell a collection agency not to call anymore they have to honor that request. There is a law called the Fair Debt Collection Practices Act that makes them stop calling if you tell them to.

Also do not give them your credit card this may add to bad credit woes. There is a solution to dealing with them. Some of the thing that you need to do is request validation from collection agencies. This usually stops them in their tracks. As they don’t have the required information to back up that you even own the money. I don’t recommend not paying just debts. I just have a problem dealing with collection agencies. I do not like a collection agency business model. They rely on intimidation and scare tactics. Most people do not willing wind in collections. If you are in a situation dealing with abusive collection agencies be sure you take the right steps with them

Telemarketers Calling and Wont Stop

Litigious Consumer — Tue, 03 Jul 2007 16:29:44 +0000

Does your phone ring off the hook from unknown phone numbers? If so you may be entitled to get paid for your troubles. The do not call registry is not the way to get back at these fools that call you without your permission. The DNC rules do not give consumers a private right of action, but the Telephone Consumer Protection Act does The Telephone Consumer Protection Act allows you to sue telemarketers for various violations.

One of the best ways is to find out who is calling you is to use some of the reverse look-up services online, anywho.com is my favorite. Anywho will let you check for all different kind of numbers, however any of the reverse look up services work just fine. One of the things that telemarketers do to violate the TCPA is not providing you with their do not call rules. If you ask a telemarketer to stop calling you and to send a copy of their do not call rules and they don’t you have the ability to sue them. It is a fairly simple process and if you goto your local small claims court and ask them the procedures they are usually very helpful.

I have personally settled with telemarketers for over $25,000 in the last twelve months.