Harrassed by Cash Call and I'm not Even a Customer
Complaint
Maria
Country: United States
To Whom It may Concern
I am at my wits end over this company called Cash Call. I was used as a reference by my sister who took out a loan with them. She fell behind on her payments earlier this year due to an accident which left her temporarily unable to work. Cash Call started calling me about 2 month ago, first trying to inquire about my sisters phone number.
Since then they are calling me up to eight times a day and have begun threatening me. In one phone call the person tried to say that I was my sister. In another phone call I was told that I had better cooperate or that they will make it hard on me. They have even tried to send me loan documents to sign on her behalf ......they are asking me to pay for this loan.
These people are nuts. I need some sort of relief, I have asked them not to call but they disguise their number and call on several different phone number or marked the line as unknown. They have been harassing me on my cell. I contacted my state and was told that there is not much that they can do but I have to fill out a complaint form and it may take up to several weeks for a response.
Not only are they calling me but they are also calling my elderly mother and have threatened her as well. They openly discuss the amount of this loan with any and everyone that they have contacted. I was under the impression that if you are not the client they cannot discuss your personal business. I guess that this is not so with this company.
Tonight I got another round of phone calls. The representative tried to tell me that I promised to help them by sending money for an account that I do not have with them. I told her Not to call me again. I hung up and seconds later she called me again, wanting me to give her information on their client that they already had. I told her that I had confirmed that information for them several months ago and not to call me again. She then threatened me and said that this is the reason why my PEOPLE have a problem. Now she went there with an ethnic assumption.
What gives these so called companies to harass a person that a) is not a client and b) not a cosigner on this loan. I await a reply with any assistance that you can offer. Thanking you in advance.
I am at my wits end over this company called Cash Call. I was used as a reference by my sister who took out a loan with them. She fell behind on her payments earlier this year due to an accident which left her temporarily unable to work. Cash Call started calling me about 2 month ago, first trying to inquire about my sisters phone number.
Since then they are calling me up to eight times a day and have begun threatening me. In one phone call the person tried to say that I was my sister. In another phone call I was told that I had better cooperate or that they will make it hard on me. They have even tried to send me loan documents to sign on her behalf ......they are asking me to pay for this loan.
These people are nuts. I need some sort of relief, I have asked them not to call but they disguise their number and call on several different phone number or marked the line as unknown. They have been harassing me on my cell. I contacted my state and was told that there is not much that they can do but I have to fill out a complaint form and it may take up to several weeks for a response.
Not only are they calling me but they are also calling my elderly mother and have threatened her as well. They openly discuss the amount of this loan with any and everyone that they have contacted. I was under the impression that if you are not the client they cannot discuss your personal business. I guess that this is not so with this company.
Tonight I got another round of phone calls. The representative tried to tell me that I promised to help them by sending money for an account that I do not have with them. I told her Not to call me again. I hung up and seconds later she called me again, wanting me to give her information on their client that they already had. I told her that I had confirmed that information for them several months ago and not to call me again. She then threatened me and said that this is the reason why my PEOPLE have a problem. Now she went there with an ethnic assumption.
What gives these so called companies to harass a person that a) is not a client and b) not a cosigner on this loan. I await a reply with any assistance that you can offer. Thanking you in advance.
Comments
If they already have any information needed to locate the actual debtor, then they have no valid reason to be contacting you at all. Their harassment, threats, and even simply their further contact, when they already know how to contact your sister, and you have requested that they cease calling you, are all violations of FDCPA. In addition, their disclosure of your sister's debt details to you is also a violation.
It also appears that they are trying to set you up as your sister's "agent", or even her "co-signer", by getting your signature on documents related to this loan, when you are not a party to this debt, and do not represent her. They probably figure it is more likely to profit them to sue or threaten you, than to sue her, and are probably trying to establish some flimsy excuse to do so, or to get a default judgement against her by "serving" you.
You are NOT your sister's agent, you do not represent her, and you should not accept or sign ANYTHING related to this.
With regard to the threats and continuing harassment, all of them are illegal, both under FDCPA, and probably your state law as well. Some of them may even cross the line to criminal assault and attempted extortion.
For example, how else can we interpret:
"Since then they are calling me up to eight times a day and have begun threatening me. In one phone call the person tried to say that I was my sister. In another phone call I was told that I had better cooperate or that they will make it hard on me.
...
Not only are they calling me but they are also calling my elderly mother and have threatened her as well. They openly discuss the amount of this loan with any and everyone that they have contacted.
...
The representative tried to tell me that I promised to help them by sending money for an account that I do not have with them. I told her Not to call me again. I hung up and seconds later she called me again, wanting me to give her information on their client that they already had. I told her that I had confirmed that information for them several months ago and not to call me again. She then threatened me and said that this is the reason why my PEOPLE have a problem. Now she went there with an ethnic assumption. "
They know they are contacting both you and your mother, and that neither of you owe this debt. None the less, they are not only disclosing the details of the debt, but threatening both of you, and demanding payment. That is a criminal act: extortion. In addition, they perceive that your mother, because of her age, is vulnerable to being pressured to pay your sister's debt, even though she does not owe it. That is also a criminal act: elder abuse.
Send a letter, certified return receipt requested, demanding that they cease all further contact with both you and your mother.
Get caller id if you don't have it, and note the times and dates of all calls, as well as notes on the call.
File complaints with your police, and your phone company, then get a recorder and start recording their calls. If you are concerned about whether you have the right to record in your state, keep in mind that you are dealing with threats and attempted extortion. I don't know about your state, but in my state that is an exception to it's "2 party" recording rule. You can decide later how best to use this, with advice from an attorney, but if you don't record, you may have little proof. Or if their threats and harassment continue, TELL them you are recording. That also often stops this type of abuse.
File a complaint in writing with FTC for their abusive practices, outlining the full details, and also file a complaint with your state AG. Make clear that this is neither your debt, nor your mother's, and that they already have your sister's contact information, and you have both repeatedly asked them to stop calling. Include the details of their harassment and threats against your elderly mother, as well as the emotional effect it is having on her.
Then contact your local DA, and file a complaint that they are making harassing calls and threatening your elderly mother, trying to extort money from her that she does not owe. You may also need to file a restraining order against them to stop them from calling her. You may also need to find an attorney to sue them.
You do NOT want them having ANY bank account information of yours or your mother's, and absolutely nothing indicating a payment made by you that might be used to claim YOU owe it.
"CashCall April 4, 2007
I am currently employed at CashCall right now as a collector. Although, They are not a collection agency...the collections department is approx. 500 strong and growing. This is the most illegal collection department that i have ever worked for. I have met people who have worked for Shekinah and NCO who now work at CashCall, and they say we are 10 times more illegal. Everyday it is hilarious hearing not just one but all collectors telling 3rd party's or whoever answers the line that they are from the sheriff's, attorney's, legal department, fraud department, court house, and investigation department. They threaten suit, garnishments, actually anything they can think of. The crazy part about it is that all the management knows and they are ok with it. The motto there is "Do what you have to get the money". so whether you are 30-60-90 days late ...you will get these threats guaranteed. I don't consider these guys good collectors they are just total thugs. As a collector myself i never thought i would say this, but i feel bad for the debtor..96% interest. is that even legal.. If you are a customer with CashCall and you are late as little as 30 days...record the phone call,,,you will have an instant lawsuit. "
Cashcall, Inc.
17360 Brookhurst Street
Fountain Valley, CA 92708
Contact: J. Reddam
Phone: (714) 722-6980
Company Rating: A
Rating Explanation:
The rating the Better Business Bureau assigns a business is determined by our composite score of such factors as its type of business, length of time in business, compliance ...
Company Profile
DBA: Cashcall, Inc.
Address: 17360 Brookhurst Street
Fountain Valley, CA 92708
Primary Phone: (714) 722-6980
Primary Fax: (949) 225-4617
Primary Contact: J. Reddam
President
Website: http://www.cashcall.com
Company ID: 13192029
Business Start Date: 5/1/2003
BBB Created Record on: 6/9/2003
Nature of Business:
This company's business is providing unsecured consumer loan services.
Bureau Membership
Join Date: 6/4/2003
This company is a member of the Better Business Bureau and has agreed to uphold our membership standards, which include a commitment to act in accordance with ethical business practices and to respond to customer complaints. The company has been a member since 6/4/2003, and we are satisfied that it honors its commitment.
Licensing and Bonding Information
License Number: 6038780
Agency Name: Dept. of Corporation, Finance Lender
Status: This license is currently active.
Check the License Status
This license permits the company to perform the following services:
Finance Lender
As of our last verification on August 29, 2007, this company is licensed through the Department of Corporations as a California Consumer Finance Lender, license number 6038780, which was issued on March 13, 2003.
BBB Comments and Analysis
When considering using a payday loan to tide you over until your next paycheck, make sure you read and understand all terms and conditions of the loan before making a buying decision. Even if those “cash until payday” services sound helpful, they could push you farther into debt. These short-term, high-rate loans go by a variety of names: payday loans, cash advance loans, check advance loans, post-dated check loans or deferred deposit check loans, and payday loans. With payday loans, a consumer writes a check payable to the lender for the amount he or she wishes to borrow plus a fee. The lender gives the borrower the amount of the check minus the fee. The lender holds the check until the borrower’s next payday, when he or she can do one of three things: allow the check to be cashed, redeem it by paying cash to recover the loan plus a fee, or roll it over by paying the fee to extend the loans for two or more weeks. Fees charged for payday loans are usually a percentage of the face value of the check or a fee charged per amount borrowed (typically lenders charge anywhere from $15 - $50 dollars for every $100 borrowed).
Under the Truth in Lending Act, the cost of the payday loans - like other types of credit - must be disclosed. Among other information, a consumer must receive, in writing, the finance charge (a dollar amount) and the annual percentage rate or APR (the cost of credit on a yearly basis).
Complaint Closing Statistics
The following grid displays the number and responses to complaints over the last 36 months:
No. of Cmpl Type of Response
23 Making a full refund, as the consumer requested
8 Making a partial refund
521 Agreeing to perform according to their contract
12 Refusing to make an adjustment
119 Refuse to adjust, relying on terms of agreement
0 Unanswered
3 Unassigned
686 Total
Complaint Experience
Some complainants allege the company fails to provide copies of contracts or other disclosures concerning the terms and conditions of the loan agreements. Many customers complain that they are being charged userous interest rates in violation of the State law in which they reside. Other complainants report harrassment in the form of extreme or hardcore collection practices which they claim are unnecessasarily used. Customers report the company makes repeated calls to friends and co-workers used as references causing them embarrassment, distress, and jeopordizing their employment. Other complainants allege company representatives treat them like criminals, use threats and rude remarks concerning their families, and threaten them with physical contact if payments are not received.
The company responds to complaints by disputing the complainants allegations, claiming they act in accordance with all state and federal regulations. In some cases, they do issue credits. Allegations of abusive collection tactics are generally not addressed.
Government Actions
We know of no government action taken against this company.
Advertising Review
No question about the truth of this company's advertising has come to our attention.
Other Considerations
We know of no other matter or practice relating to this company that may assist you in your consideration of this company.
Other Company Profiles
Other DBAs Cashcall.com
Cash Call Inc
Other Addresses P.O. Box 66007
Anaheim, CA 92816
P.O. Box 8349
Fountain Valley, CA 92728
Other Phone Numbers (714) 722-6942
(714) 722-6565
(714) 722-6604
(714) 722-6776
(714) 722-6481
Other Fax Numbers
Other Contacts Hilary Holland
Vice President
Email:
Daniel Baren
Attorney
Email: dbaren@cashcall.com
W. Virginia just WON the mega case against them. CA case is next!
http://www.wvrecord.com/news/246641-w.va.-jud ... engaged-in-sham
They appear to be operating under the presumption that they have no FDCPA liability since they are the original creditor, so none of the FDCPA prohibitions against abusive collection, contacting friends and relatives, threatening with arrest or prosecutino, etc., apply.
"Some complainants allege the company fails to provide copies of contracts or other disclosures concerning the terms and conditions of the loan agreements. Many customers complain that they are being charged userous interest rates in violation of the State law in which they reside. Other complainants report harrassment in the form of extreme or hardcore collection practices which they claim are unnecessasarily used. Customers report the company makes repeated calls to friends and co-workers used as references causing them embarrassment, distress, and jeopordizing their employment. Other complainants allege company representatives treat them like criminals, use threats and rude remarks concerning their families, and threaten them with physical contact if payments are not received.
The company responds to complaints by disputing the complainants allegations, claiming they act in accordance with all state and federal regulations. In some cases, they do issue credits. Allegations of abusive collection tactics are generally not addressed. "
Also note, that in California, under the Rosenthal Act, "debt collector" is more broadly defined to include even original creditors collecting on their own accounts. This might subject them to California prohibitions similar to FDCPA even when they are not a third party debt collector under federal law.
Cash Call appears to be located (and their debt collection operation appears to be located), in California, and they are licensed in California. If you are having problems with them calling and harassing you, contact the CA state AG, Jerry Brown.
You might also contact one of the NACA consumer protection attorneys in California. It appears their practices of harassing non-debtors are widely reported, so there might be class action possibilities.
I'm no attorney. Consider the above a "tip".
Collection Practices Act."
Definition of "debt collector" under Rosenthal Act:
http://info.sen.ca.gov/cgi-bin/displaycode?se ... ile=1788-1788.3
Prohibited practices by "debt collectors", as defined above:
http://info.sen.ca.gov/cgi-bin/displaycode?se ... 1788.10-1788.18
Consumers shouldn't use credit they can't or don't intend to pay back:
http://info.sen.ca.gov/cgi-bin/displaycode?se ... 1788.20-1788.22
Liability of debt collectors for violations. Note that liability is cummulative to other remedies. May limit actions to individual debtors, blocking class actions, but that might still fly under tort theories. Might limit actions to "debtors", but that might extend to any consumer being contacted to whom debt details are disclosed, and payment is demanded. Repeated abuse and harassment of relatives, and threats to continue until payment is made, might therefore classify them as "debtors" for purposes of debt collector liability.
http://info.sen.ca.gov/cgi-bin/displaycode?se ... 1788.30-1788.33
If you want to solve your problem, you have to start by believing there is a solution, if you expect to find one.
(I'm not an attorney.)
Also note that it appears that "debtor" can include collection attempts against various legal entities, including corporations, parnerships, etc.
Also note that out of state debt collectors attempting to collect on debtors in California are subject to the Act.
"1788.2. (a) Definitions and rules of construction set forth in this
section are applicable for the purpose of this title.
(b) The term "debt collection" means any act or practice in
connection with the collection of consumer debts.
(c) The term "debt collector" means any person who, in the
ordinary course of business, regularly, on behalf of himself or
herself or others, engages in debt collection. The term includes any
person who composes and sells, or offers to compose and sell, forms,
letters, and other collection media used or intended to be used for
debt collection, but does not include an attorney or counselor at
law.
(d) The term "debt" means money, property or their equivalent
which is due or owing or alleged to be due or owing from a natural
person to another person.
(e) The term "consumer credit transaction" means a transaction
between a natural person and another person in which property,
services or money is acquired on credit by that natural person from
such other person primarily for personal, family, or household
purposes.
(f) The terms "consumer debt" and "consumer credit" mean money,
property or their equivalent, due or owing or alleged to be due or
owing from a natural person by reason of a consumer credit
transaction.
(g) The term "person" means a natural person, partnership,
corporation, limited liability company, trust, estate, cooperative,
association or other similar entity.
(h) Except as provided in Section 1788.18, the term "debtor" means
a natural person from whom a debt collector seeks to collect a
consumer debt which is due and owing or alleged to be due and owing
from such person.
(i) The term "creditor" means a person who extends consumer credit
to a debtor.
...
1788.10. No debt collector shall collect or attempt to collect a
consumer debt by means of the following conduct:
(a) The use, or threat of use, of physical force or violence or
any criminal means to cause harm to the person, or the reputation, or
the property of any person;
(b) The threat that the failure to pay a consumer debt will result
in an accusation that the debtor has committed a crime where such
accusation, if made, would be false;
...
(e) The threat to any person that nonpayment of the consumer debt
may result in the arrest of the debtor or the seizure, garnishment,
attachment or sale of any property or the garnishment or attachment
of wages of the debtor, unless such action is in fact contemplated by
the debt collector and permitted by the law; or
(f) The threat to take any action against the debtor which is
prohibited by this title.
1788.11. No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
(a) Using obscene or profane language;
(b) Placing telephone calls without disclosure of the caller's
identity, provided that an employee of a licensed collection agency
may identify himself by using his registered alias name as long as he
correctly identifies the agency he represents;
(c) Causing expense to any person for long distance telephone
calls, telegram fees or charges for other similar communications, by
misrepresenting to such person the purpose of such telephone call,
telegram or similar communication;
(d) Causing a telephone to ring repeatedly or continuously to
annoy the person called; or
(e) Communicating, by telephone or in person, with the debtor with
such frequency as to be unreasonable and to constitute an harassment
to the debtor under the circumstances.
1788.12. No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
...
(b) Communicating information regarding a consumer debt to any
member of the debtor's family, other than the debtor's spouse or the
parents or guardians of the debtor who is either a minor or who
resides in the same household with such parent or guardian, prior to
obtaining a judgment against the debtor, except where the purpose of
the communication is to locate the debtor, or where the debtor or his
attorney has consented in writing to such communication;
1788.13. No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
...
(h) The false representation that collection letters, notices or
other printed forms are being sent by or on behalf of a claim,
credit, audit or legal department;
..."
(It appears that the definition of "debtor" to include various legal entities, mentioned above, applies to filing of id theft claims.)
now I know that cashcall is scum.
I get several calls a day from them.
It's been going on for months.
They want payment from a guy named Craig Stager.
I answered one call out of curiosity; I told the collector that
No Craig Stager lives at this number.
But they keep calling back and talking to the machine.
I turned off the ringer on my land-line years ago due to phone spam
so it's not a big deal.
The only reason I have a land-line is for DSL.
Friends/Family always call my cell.
I have been getting some spam on my cell phone starting about a year ago.
So once the contract is up I'll get another number.
I'm glad this Craig Stager guy did not give my cell phone # to cashcall!
Dan B