Demand for Payment for Unauthorized Yello Pages Listing
Complaint
Tony Cooper
Country: United States
Unuathorized listing in www.goyellowpages.com
No physical address listed on their web site
Reverse lookup of 866-967-8205 reveals a company www.gafachi.com
Demand for $574 for A. C. A. Recovery Inc., 38 E.Ridgewood Ave., Ridgewood, New Jersey 07540 Phone 800 356 3713 on behalf of www.goyellowpages.com submitted with no proof whatsoever of the contract details.
No physical address listed on their web site
Reverse lookup of 866-967-8205 reveals a company www.gafachi.com
Demand for $574 for A. C. A. Recovery Inc., 38 E.Ridgewood Ave., Ridgewood, New Jersey 07540 Phone 800 356 3713 on behalf of www.goyellowpages.com submitted with no proof whatsoever of the contract details.
Comments
In addition to filing complaints with FTC, you would be wise to also file complaints with:
1) Your state Attorney General, since Attorneys General often respond faster to systematic fraud attempts against their fellow citizens and state residents than FTC.
2) The U.S. Postal Inspector, for investigation of mail fraud, since it appears that the debt collector is aware of the fraudulent nature of the "debt" for which they just sent a "collection letter" through the U.S. Mail.
3) www.ic3.gov
4) You regional FBI White Collar Crime unit. That has been the part of the federal government that has assisted in investigation of similar fraudulent telemarketing operations, and they should be made aware of "legitimate" companies who are assisting fraudulent ones.
Then you might give Mr. Kalina a call, to see if he knows anything about this. Since ACA is using his name (presumably for the purpose of implying you might be sued), you deserve to know whether this threat is real, especially since you are dealing with a fraudulent invoice.
Although he appears to have worked for ACA before, and there are past lawsuits against them both, recent reports have him claiming he has nothing to do with them. Find out if ACA Recovery is using his name on their letters with his permission, implying he acts as their attorney.
Do NOT believe any claims to have a recording, or even played excerpts of an alleged recording. Fabricated or misrepresented "authorization" recordings have been used in "business directory" telemarketing scams for years.
http://philadelphia.fbi.gov/dojpressrel/pressrel09/ph103009.htm
You might talk to the DOJ people who investigated this fraudulent telemarketing cramming scam regarding where to file fraud complaints involving doctored recordings used by a debt collector.
tax id number is 74-324-3020 fax number is 248-273-0228
stay away from this scam ! there not yellow pages ,there a scam company
thay took my money from a ad i never put in to there office talk to a women named sharon banks - real name is allison Doyle all scams
stay far away from this crew !!!!!!!!!!!!!
Caller ID: 248-961-3411
Caller: CNP International LLC
Caller Type: Commercial
Mr. Kalina has apparently been aware of this problem for at least 2 years.
http://www.ripoffreport.com/collection-agencies/aca-recovery/aca-recovery-norman-g-kalina-m-y5ef7.htm
"Report: #298385Report: ACA Recovery
Reported By: (Akron Ohio)
ACA Recovery/Norman G Kalina/Ms.Garcia/Ms. Laurens misrepresenting themselves as a law firm Ridgewood New Jersey
... Helene: Yes I do!!!!
ACA Recovery
38 E. Ridgewood Ave.
Ridgewood New Jersey 07450
U.S.A.
Phone: 201-670-8851
...
Category: Collection Agencies
Submitted: Wednesday, January 09, 2008
Last posting: Friday, January 11, 2008
I immediately searched this company and started reading some bad things about this company stating they are a law firm when they are only a collection agency. I couldn't believe it. I noticed on the letter I received that there was a Atty Norman G Kalina, Esq.
I went home that evening and called to speak to the attorney. I was given to Ms. Garcia. I asked to speak to the atty regarding my acct and she said he wasn't available. I asked her if she was a law firm and she said yes. I told her that wasn't so and she kept saying oh yes we are a law firm and I stated that if they were a law firm, that I wanted proof. She then stated she will have someone from the "legal dept" call me tomorrow. I asked her for a break down of the amount they are stating that I owe and she replied that "we don't do that". I asked why not and she again said "we don't do that here". I then hung up on her. I knew she was lying.
...
I also forgot to mention that I received another letter from ACA Recovery with the heading of Norman G Klaina, Esq instead of their company name and at the bottom of this letter it had his name with a stamped signature. It was so fake looking.
I also did some reseach and obtained a New York number for atty Kalina. I phoned them and she confirmed that atty Kalina was epmployed with their firm, but his office was located in new Jersey. I aksed her if he was affiliated with ACA Recovery and she told me not her knowledge and that if he was she would be aware of it. She also stated she had never heard of the company. I told her about ACA Recovery stating the were Norman Kalina's law firm. She could not unnderstand why they would be doing that. She gave me the address and the phone number of atty Kalina's Jersey office, and it wasn't the same address or phone number of ACA Recovery. I couldn't believe it!!
Later on that day I phoned the number and atty Kalina answered himself. I asked him if he was affiliated with ACA Recovery and if he was, I wanted to discuss my case. He became very angry that I phoned him and asked how I got the number. I told him the New York office gave me the number. He asked me not to call him anymore regarding ACA Recovery and that he WAS NOT affiliated with them and would know nothing about my case. He also started to give me ACA Recovery's number and I interrupted him and told him I had it.
I apologized for botherring him and he replied that it was ok, but I did ask him why they would saying they are from his law firm and why are they using his name on their correspondence and he replied he had no idea and that they should not be doing that. I told him that they are and maybe he should look into it. I thanked him again and hung up. I couldn't wait for that sneaky company to call me again.
...
Ms. Lauren's stated she was calling from the Law Office of Atty Norman G Kalina. Ms. Laurens also apologized for Ms. Garcia's behavior and that she would be handling my case. She also stated that the amount told to me that I owe is incorrect. She also stated that she would be "more than willing" to work out a payment plan withme and call her asap.
I returned Ms Lauren's call. She told me that the amount I owed was $510 (original amount). I asked her I could have this in writing and she replied that she didn't feel it was necessary since it has already been adjusted in their computer and they have a new secretary and it was "crazy" around there, and the secretary wouldn't have time. I could already see where this call was going. I told her it was necessary and I wanted it in writing.
...
I asked why she stated she was calling from a law firm when indeed they are not. She stated she is with a law firm and then I asked if I could speak to the atty and she stated he wasn't available. I then told her that I spoke to atty Kalina himself and he verified that he was not affiliated with them. All she could say was " I don't know why he would be telling you that when I'm sitting in his office".
...
I have two letters from them with Norman G. Kalina, Esq. Even a stamped signature on one letter. I HAD two messages that were accidentally erased by my daughter, but at least I still have the letters. As a matter of fact, I phoned Mr. Kalina once again yesterday and I got the same response as I mentioned in my report.
..."
If it appears to you that their collection letter is for a fraudulent "debt", file complaints with all appropriate agencies, then send them a dispute letter, certified, indicating the "debt" is fraudulent, and you have filed fraud complaints against them and their client. Why even bother to tell them the full scope of those complaints? Let them guess, since that is their game. You won't look like some sucker, and you will have proof you sent them a dispute.
Intimidation used in debt collection is about maintaining control, as if you are some "authority", are some "expert" in debt collection, have a right to abuse your target, etc. They take risks, they lie, they cheat, but they get away with it, and expect to most of the time. But they are still not rocket scientists, at best only sociopaths.
Don't give them any hint of control, and no hope of payment. You don't call and ask how to get their "mistake" fixed, you don't threaten, just leave them with the "fait accompli" that the complaints have already been filed, you know what they are up to, and that any next action you take will also be without warning.
Don't bother with return receipt requested. Certified gets you proof from the post office website you mailed it, they delivered it, and it is presumed to have been received on the date delivered. It also gives them less opportunity to fail to pick it up, with the same documentation that they could have if they had wanted to.
And yes, you may have to sue. But although the decision to sue is your choice, the decision to engage in fraud was theirs.
How should i proceed?
Others have reported that this "business directory" scam engages in fraudulent telemarketing, including fraudulent doctoring and editing of phone recordings. This is a common tactic with "business directory" acams. They are reported to call to "verify your information", with no mention of any agreement to pay for a "listing" or the alleged "terms", using questions designed to solicit "yes" responses, then edit those into a different script to create a "recorded authorization".
Two state Attorneys General have forced them into settlements. For example, they are prohibited from doing any business in North Dakota, as a result of sending fraudulent "invoices" to ND businesses. You can find further information on them in their BBB report. ACA Recovery even has a second "business directory" client, with similar complaints, suggesting they are aware of the fraudulent nature of these "accounts", but choose to collect on them anyway.
You can contact Mr. Kalina directly to determine whether he is actually representing them. Others have reported that he denies any current connection to them. If that is the case, then file a complaint with the New Jersey Bar against ACA Recovery.
The use of doctored recordings to extort payments for phony "listing contracts" is fraudulent telemarketing and debt collection.
File fraud complaints with FTC, your state Attorney General, and against ACA Recovery with the New Jersey Attorney General. You can also file a mail fraud complaint with the U.S. Postal Inspector, as it is illegal to use the U.S. Mail to send fraudulent invoices for unordered products.
You might also file a complaint at www.ic3.gov, which is used for reporting Internet-connected fraud, and contact your local office of the FBI, to file a complaint with their White Collar Crime unit, which investigates telemarketing fraud.
What she has is evidence of attempted wire fraud through use of a fabricated and doctored recording as part of a fraudulent telemarketing scheme.
Violation of TILA. "Information packet", presumably to disclose terms, supposedly to be sent AFTER fees had already been paid.
"Advance fee" loan scam combined with shake-down by a debt collector.
Phony "payday loan" charges, no money actually even loaned, no terms disclosed in writing, yet according to ACA Recovery, they are demanding money for "fees" and "interest" on the "fees".
Contains the same fraudulent elements of the "business directory" scams, just wrapped in "payday loan" jargon.
Deception and denial: phony claims that a "check had been returned" when no check had been sent, or that consumer had agreed to loan fees when terms had not been disclosed. Deception used to obtain account information, supposedly to "deposit the loan", probably an attempt to run through a phone check for crammed "fees". Note denial of written terms, common factor in many scams in the several hundred dollar range, despite obvious TILA requirements.
They are still sending letters under the name of Norman Kalina.
http://www.ripoffreport.com/collection-agency-s/aca-recovery-norman/aca-recovery-norman-g-kalin-ceea3.htm
"...
Report: ACA Recovery - Norman Kalina
Reported By: Pam (Grayson Georgia)
United States of America
ACA Recovery - Norman Kalina, NORMAN G. KALINA ESQ SCAM TO GET MONEY RIDGEWOOD, New Jersey
...
ACA Recovery - Norman Kalina
38 E. RIDGEWOOD AVE #395
RIDGEWOOD New Jersey 07450
United States of America
Phone: 2076708851
Web Address:
Category: Collection Agency's
Submitted: Monday, November 09, 2009
Posted: Monday, November 09, 2009
I received a letter from Norman G. Kalina stating that I owed $209.00 to a company called Capitol Wire(payday loan). I called the office and a very rude female answered the phone not stating the company or her name. I explained why I was calling. First let me say I vaguely remembered this company bcuz I didn't receive any funds from them. But, after speaking with this rude person, I then remembered the company. she said that I sent them a check for $84.00 and it was returned. I do rememeber speaking to someone @ this company and giving them my info(I know stupid thing to do). you will do almost anything when you are in financial distress. They told me that I needed to send $84(by money order or cashier check and for fees. Then they would send me an information packet and deposit $1000 into my account. The woman assured me the only reason they wanted my acct info was so they could deposit the funds. However, I never sent them any money.It didn't sound right, so I thought no problem, obviously there was. What they must have done was try to get the $84 out of my bank, but I don't ever remember seeing an NSF for this. I explained all of this to Ms.Smart mouth, and told her that I felt it was scam and she said the company she represented was legit. I told her it was not and I am sure a lot of people have been caught up in this.After an exchange of some words I told he that I had a friend that was a lawyer and I was going to ask them about this. She says so you are voluntarily not going to pay this debt. I told her I was going to speak to my friend that is an attorney,and she said she could no longer talk to me since I had retained an attorney, and to have my attorney contact her. Oh, yeah and I asked how did the amount go from $84 to $209 and she said interest and penalty fees. I am not sure what I am going to do, but I did feel better when I saw that other people had been harassed by this company. Meaning that I wasn't alone in this.
..."