Harassment
Complaint
Debra M. Persiano
Country: United States
I got a call today at home from a man stating he was a process server for Collin County DA's Office and he is with the Sheriff's office and needed to come serve a warrant on me. I was shocked and asked why? He stated do you live ....are you still at this address are you now at this address and I stated who are you? He again, stated he was from the county going to serve court papers on me today. He gave me a toll free number for what he stated was the county's office which is 1 866.872.6116 gave me a case no. which he called a Cause No. 008307-TX. I called the number was transferred to a Mr. Fisher's office who stated that law suite in the amount of $6,214.24 was filed in Collin Co., Tx and that warrant was out for me. He then after back and forth said let me get more information from my secretary and state this was for an outstanding debt in from Capital One a credit card that I obtained several years back and had disputes over interest charges etc. He stated that if I did not want to go to court or jail that I could pay $1,951.00 in full by end of business today and this matter could be cleared up. I explained that I recently lost my job etc. Anyway, he stated that I needed to call him back by EOB today or they will serve the papers. Ok, so that was a heads up for me. I called the DA's office nothing is filed on me as of today, after searching PMG it is clear that they do not practice best practices for collections and have been in trouble for this before back in 2004. I need someone to give me advise. I want to pay off my debt, I don't want this type of collections to continue this upset me, made my blood pressure raise, this type of collections are not the right thing to do. Had they called and ask to make arrangements or give me an opportunity to clear the matter, rather then threaten me by taken legal action, or harassment stating they are sending a sheriff over today. This is wrong, bad business, and should not continue this company is bad news.
Comments
https://800notes.com/Phone.aspx/1-877-713-4370/2
https://800notes.com/Phone.aspx/1-877-713-4371/3
First off, let me say that I think that complaintwire and 800notes are, in theory, wonderful ideas and the data bases that these two websites continue to build are invaluable. The problem, as I see it, is the people who come to complaintwire and 800notes looking for legal advice. They post questions that make them bait for debt collectors trolling around, looking to make the most of their apparent conflicts of interest, attempting to 'sway' the actions of those needy people looking for anonymous and free legal advice in order to line their pockets with money.
A few things I've noticed: especially 800notes, posters who NEVER SEEM TO SLEEP AND ARE POSTING AROUND THE CLOCK. (Let's call the one that I have in mind 'R#######47.") You have to ask yourself, who is it that would do that? I'll tell you what the most obvious answer is: Someone who is getting paid to be there and, most likely, is a collection of people. In R#########'s case, I'm guessing that the employer who pays for their (Yes, I meant that in the plural.) presence is Allied Interstate. It's just a hunch that I have from watching postings for Allied Interstate activities/phone numbers from that above referenced poster, but it's strong hunch.
Again, with reference to 800notes and complaintwire, the presence - usually as in above, a constant presence - of someone who 'seems' to be sympathetic and actively engages people posting apparent requests for legal advice and gives advice that gives a distinct advantage to the debt collector (We'll call this person 'lonestar.'). Such responses tend to 'downplay' the power of the FDCPA and the value of seeking legal counsel in such instances. Ask youself, who is it that stands to gain if you go into a situation with a debt collector 'blind'? It's common sense.
These bottom feeders are here because they see their victims flocking to complaintwire and 800notes looking for legal advice. People, there is no substitute for in-person, professional legal advice. If you come to complaintwire and 800notes asking 'what to do,' you will get exactly what you pay for and the possible havoc that these 'posters' leave in their wake is always extremely difficult, if not impossible to recover from. Have some respect for yourselves. Don't fall victim to these 'online personalities.'
As with anything else, purported news articles, advertising, etc, in modern society you need to learn how to read the source, as to motive, probable accuracy, biases or hidden intent, etc.
The scammers have for years known that the complaint forums were interfering with their ability to deceive and con, so they show up with shill posts, giving bad advice, pretending to be "sued", or raving about how they "settled" and are so relieved... It usually real transparent, and what the shills don't get is their very shilling suggests the debt collector is fraudulent, but someone's falling for these scams, or they wouldn't keep doing it.
Collection agency connected posters appear to fit several categories:
1) "True believers", who have bought into their training, however, twisted, and attempt to "teach" the "poor, misguided debtors" about what they think FDCPA means, based on the spin they got taught.
2) Shills, trying to spin the complaints in consumer posts, to blunt the impact of the reports.
3) Occasional long time professional debt collectors, who actually know FDCPA and are often disgusted with the antics of the bottom feeders that tar the reputations of their industry and complicate their business of legally compliant debt collection.
Based on recent complaints, Allied Interstate continues to have its problems with controlling "erroneous" collection calls, the same ones that resulted in its FTC settlement and large fine. There doesn't, however, appear to be much employee or shill activity appearing on Allied Interstate complaint threads, and given its settlement, it would be REALLY DUMB if their employees were to engage in a pattern of deception on a public forum that furthered profiting from noncompliant collection tactics.
The deceptive employee posts usually show up connected to bottom feeder or fraudulent collection operations that are already showing consumer complaints consistent with systematic FDCPA violations that include deception, harassment, abuse, and probable faking of "debt".
This is, however, a free exchange of ideas, and you are free to put yours out there as well.
All the more reason to quit coming to these sites looking for a way out of being face to face with REAL help and relief.
"you need to learn how to read the source, as to motive, probable accuracy, biases or hidden intent, etc"
So, what would you suggest in the case of those who lie?
Allied Interstate, to all appearances, pays posters to give 'shill' advice to desperate people.
Is this your idea of a 'free exchange'?
"About 445 results (0.12 seconds) ..."
A lawsuit is the endgame for problems with a non-compliant debt collector, assuming they aren't so crooked you can't even find them. There's still a value in being able to separate the ones you can sue from the ones who hide under rocks and you might as well ignore.
"Everybody lies" - Gregory House, M.D.
Lying is part of all communications beyond a certain level of complexity.
Lying shills are part of nature, but just because they lie does not mean we believe what they want us to.
Lies reveal other truths.
Deception tells us something about the deceiver, about their goals, their capabilities, the range of tactics they are willing and able to use, about the credibility of other statements they might make, about their lack of alternative capabilities since "cheating" is a cheap strategy. They reveal aspects of their compliance training and internal controls, the deceptive "talk-offs" used by their trainers, and about their legal vulnerabilities.
We know more about our adversary when they lie than when they shut up.
Along with the ability to communicate and form social groups, our primate ancestors coevolved the ability to lie, to detect lies, and to respond to deception and lies with anger, same as if we are directly attacked. We also instinctively spread the alarm, so we respond as a group toward the cheaters among us. It's part of what made larger social groups possible, with politics, trade, technology, and civilization.
If you want to harness those instincts, then "out" the shills when you find them. It's far more damning to find a deceptive debt collector also trying to convince you otherwise, than to just see a bunch of reports of a problem.
From the perspective of a profile, or what tactics show up together, abusive collection and harassment commonly accompany deceptive collection, since it is ineffective to collect on unowed "debt" when you are also complying with FDCPA dispute and validation requirements. FDCPA treats violations as if they stand on their own, but if you analyze illegal practices against how they support each other, it's clear that any prohibited practice supports the effectiveness of the others, and they all provide the best payoff when the debts are unverifiable. Abusive collection is thus a red flag, a fraud indicator, as much as if you directly catch them in a lie.
http://www.ftc.gov/opa/2010/10/alliedinterstate.shtm
“Debt collectors had better make sure their information is accurate, or they could end up paying a big penalty,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “There is no excuse for trying to collect debt from someone if you can’t confirm that they actually owe it.”
Where are you seeing shills associated with Allied Interstate threads?
I'm not going to go through the motions of trying to explain why lying is wrong, especially when money is involved and the lying is what brings the money in. This is something that should have been covered in the 'raising my child' hand book. The offenders would get this if they knew the difference and since they don't get it, I am quite certain that my going through this again will not remedy the situation. What I will do, instead, is focus on the CONSEQUENCES since this seems to be all that these slime understand.
There is a reason why ethical responsibility is a requirement for being an attorney. An attorney somewhere on the east coase, New York, New Jersey, or maybe it was Pennsylvania, was frequenting a social networking site (tribe.net?, not sure...)giving out 'advice' to people whom he had stalked/followed and who happened to have entries on a portofolio that he'd bought, telling them that the SOL for filing an FDCPA violation was TWO years when in fact, at the time of his postings, it was ONE. Gee, guess who wins there? Eventually he was caught - you never know who is watching what you post and one doesn'' necessarily need an IP address to find one, does it? - and, as I heard it, disbared. So, for professionals there is that consequence.
For the nonprofessionals, there is the basic and gritty consequence of procuring money through lies and deceit, commonly tackled in fraud and larceny cases. In these cases, the court actions are criminal and involve a lot more than someone losing their license to practice their jobs.
I'm going to say this again - coming to these sites is fine as long as you are looking up phone numbers and looking to share experiences. But coming here for legal advice is a big fat red flag. Don't do it. As I've already said, have some respect for yourselves. Don't do it. There is no such thing as an anonymous internet substitute for in-person contact with a competent attorney. Period.
Phone harassment complaints, reporting repeated calls, some reporting 6 to 20 per day, many reports of hang-up calls, with MOST reporting they aren't even the alleged debtor.
https://800notes.com/Phone.aspx/1-800-715-0395
https://800notes.com/Phone.aspx/1-800-410-4391
https://800notes.com/Phone.aspx/1-877-492-4888
https://800notes.com/Phone.aspx/1-800-935-5152/15
Allegations of collection attempts of old cancelled AOL accounts.
https://800notes.com/Phone.aspx/1-866-720-1471
AOL got caught years ago deceptively charging consumers after they cancelled their accounts, as well as giving their call center employees incentive to "resell" consumers calling to cancel, leading to cancellations being "lost". There was a settlement reached with state AGs in 48 states and D.C..
https://www.azag.gov/press-release/terry-godd ... -america-online
"Terry Goddard Announces $3 Million Settlement with America Online
(Phoenix, Ariz. – July 11, 2007) Attorney General Terry Goddard today announced a $3 million, multi-state settlement with America Online (AOL), one of the nation’s largest Internet service providers, resolving consumer complaints related to cancellation and refund requests. Goddard joined 47 state Attorneys General and the Attorney General for the District of Columbia in this settlement.
The settlement resolves allegations from consumers regarding billing issues and the difficulty in canceling primary or secondary accounts. According to court documents, AOL customers would have to call AOL to cancel their electronic mail accounts. AOL trained and offered incentives to customer service representatives in order to “save” the account and prevent the consumer from canceling. Employee bonuses were paid to employees who retained a certain number of customers.
Some consumers also reported after canceling their accounts that they continued to receive a monthly bill or had money deducted from their bank accounts.
..."
Looks like Allied Interstate may be resurrecting long dead "zombie accounts", which might be a violation of AOL's settlement. Collecting on ancient "toilet paper accounts", going as far back as the 1990s, appears to be a big part of their "business".
Looks like they are still engaged in the same practices that cost them a $1.7 Million settlement with FTC.
Complaints of harassing "erroneous" calls continue, although the most eggregious tactics seem to have been toned down some. (A complaint from 2008 reported calling a 94 year old lady and saying there was a death in the family. Real "creative".)
No great compliment, but I still haven't found any Allied Interstate shills...