Fake process server calls
Complaint
Quintin L King
Country: United States
I have received numerous calls from this "company", all of which start with a request for address verification for Process serving. Intimations that a law suit has been filed (the Company, to the best of my knowledge is in Florida, I live and own a business in Illinois). What process server doesn't have an address? These people call constantly and wont reveal the name of the entity for which they are collecting unless you "confirm" your address and last four of social. I am formally filing a complaint with the FTC and the Florida Dept of Financial Regulation, but wondered if anyone has had experience with these people?
Comments
These scams get to run scot-free if no one reports them.
Your own Attorney General is the most likely one to take action against out of state rogue collection scams, particularly if your state requires licensing and bonding.
The Florida AG may also take action if they get enough complaints, as they have had an on-going problem with such scams operating out of their state.
FTC may only be slowly becoming aware of this growing problem, as at first it sounds much like the overseas Indian scammers that no one can really do much about but issue warning press releases.
These newer U.S. based scams are getting licenses so that they appear legitimate to the CRAs, allowing access to consumer credit reports and bank connections to charge credit cards or make EFT charges to checking accounts, instead of the primitive Boyland-style operations that could only get money sent through Western Union. Instead of trying to completely hide, they use multiple layered shell LLCs, which may indicate attorney assistance or possible organized crime involvement.
The number, 888-242-1315, has many complaints against it tying it to this scam.
If they are "borrowing" recordings of other legitimate companies, it's a pretty cheezey way to run even a scam. It may, however, meet the needs of the scam, in that if victims call and they answer, they get their chance at the con, and if they call and get this message, they probably call back later giving them another chance. Probably few of the gullible victims they are targetting will do what you did, research the name in the recording.
As you have been targetted by this fake "debt collection" scam, file complaints with FTC and the Florida Attorney General.
This type of scam USUALLY calls a relative first. It's part of the fake "process server" act. The same routine has shown up in complaints against different scam "debt collectors" even from different parts of the country, so the crooks must know what works. Whatever "scam school" they all go to must be teaching it.
If you have given them any account information to make a payment, immediately contact your bank to block the card number or close the account to prevent fraudulent charges. If they have slipped any charges through, file a fraud dispute with your bank, and they can reverse the charges. Follow up with a fraud affidavit.
File fraud complaints with FTC, your state Attorney General, and the Florida Attorney General. FTC should be getting rising levels of complaints matching this pattern.
Complaints of illegal debt collection, on nonexistent "debt", started showing up within weeks of their getting their license, so we may assume this is what they had in mind from the beginning. This would not be the actions of "rogue" employees. Florida has a history of scam debt collectors collecting on faked "debt", and although the Florida AG has shut some down, they may just change their names and start up again.
This type of scam usually skip-traces relatives and makes a fake "process server" call to them, as their first call. They pretend they have "sued", and that if you don't call back immediately and "settle" some "debt" most consumers are reporting they don't owe, you will supposedly lose this "lawsuit".
Their goal is to get the victim to call back the contact number (What real process server just leaves a number to call back?), so they can play out the rest of the con. These calls, implying threats, or even threatening arrest if you don't immediately call back, are just to "soften you up" so you will "settle" out of fear, with no proof you even owe them.
Compare your cell phone plan numbers with your relatives. If they skip-traced you, say, through Accurint or similar services, they could easily find adult relatives with a credit or public record history. Although these scams often choose to call relatives across the country first, they might just call any relative they could find.
Although that might explain calls to others on your cell phone plan, if those people do not have a very visible credit profile, and are not likely to appear in skip-trace databases that get their information from public records or subscription lists, etc, (minors, etc.) then that may indicate they have "pretexted" your cell phone company to get your information. This is highly illegal, and violates federal law.
Check your credit reports to see if they show a recent inquiry on one. (Similar scams appear to be having good luck getting past Experian's vetting process.)
This type of scam often uses credit reports to fake a "debt" that sounds similar or uses information from an old account found from pulling a credit report. You cannot trust ANYTHING they say, as they can make the "debt" sound exactly like an account you remember, even if it was never assigned to them, and they never bought it.
Also check with your cell phone company, and see if there was a recent customer service contact by "you" that you know you never made. See what information they asked about, and if they compromised the security of your account.
File complaints of illegal activity with FTC, your state Attorney General, and the Florida Attorney General.
Now it should be noted that my daughter has no debt and owes nobody. She just spoke with an attorney and he said all these calls with different phone numbers are scams. He suggested filing a complaint with the Attorney General and the FTC. We have done both. I suggest you all do the same as well
Now it should be noted that my daughter has no debt and owes nobody. She just spoke with an attorney and he said all these calls with different phone numbers are scams. He suggested filing a complaint with the Attorney General and the FTC. We have done both. I suggest you all do the same as well
This type of scam usually first calls a relative rather than the targetted victim.
"They can't find her so they're threatening me."
They already know how to contact her. Threatening you is just to soften her up so she falls for the con. They wouldn't waste their time threatening you if they didn't already know how to find her.
"The man on the phone told me that a bench warrant was going to be issued if i didn't give them her address. "
Bunch of BS, as you already know. Only judges issue "bench warrants", not criminals. But criminals make all sorts of threats, since that is all they can do.
Actually, they don't want or need her address. They aren't going to mail her anything, nor are they going to "serve" her a "summons". It's just an act, used to make the threat of this "lawsuit". All they want is for her to call back with the number they give you, all in a panic to "settle" this "debt" and avoid the "bench warrant". It's an extortion racket.
"He told me I was a rotten mother for raising a thief."
Everything they have said is illegal, in violation of FDCPA and state laws, which prohibit abusive and deceptive collection. But they have no fear of any consequences, probably because they have hidden behind several shell corps and mail drops. Just make it too expensive to prosecute, and they can threaten all day long, so they do.
When you see illegal threats, abuse and harassment, that suggests deception, which implies fraud.
"Now it should be noted that my daughter has no debt and owes nobody"
Just the type of victim these crooks look for. Probably good credit, so she can just pay out hundreds to a couple thousand with one of her credit cards to "settle" this fake "debt", trying to save her "credit".
She should pull her credit reports, as this type of scam often pulls a credit report, to size up the victim, and to fake a "debt" that sounds like an old account. Look for any recent inquiry, possibly under "Thurston", but maybe any name you don't recognize as an actual creditor. The inquiry may be only a couple days before the first harassing calls started.
"He suggested filing a complaint with the Attorney General and the FTC. "
FTC is investigating several of these fake "debt collection" scams.
Include the Florida Attorney General, as these crooks have managed to get a Florida license so they appear "legitimate".
Making illegal threats they have no ability to carry out is deceptive. Making threats and engaging in deception suggest that the "debt" is being fakes, with all their threats of "$5000 in court or settle now for $1500" just a deceptive con aimed at getting their victims to pay without any proof there even is any "debt" owed to them.
The fact that this "debt collector" is licensed, yet has so many complaints of illegal and deceptive practices only months after getting their license suggests that they were set up just to run this scam, and that they obtained their license for the purpose of furthering the scam. The license probably helps make it appear they are "legitimate", but may also be a requirement to get access to consumer credit reports, as the CRAs may be requiring that debt collectors show they have required licenses.
You say you owe this "debt" from over 10 years ago. In many states, a 10 year delinquent debt is past SOL, and you can have any lawsuit over that debt thrown out of court on that basis. Filing suite on an out of statute (past SOL) debt, may also be a violation of FDCPA for which you can sue, as they would need to misrepresent to the court that the "debt" is still within statute.
A 10 year old debt should also have fallen off your credit reports, but in many cases the information is reported in error, and if the date of first delinquency is erroneous ("reaged"), the account might still be illegally on your reports.
Alternatively, they may be just guessing at a common creditor known for having many delinquent account. "Bank of America" or "Wells Fargo" have lots of delinquent account excustomers, and it would not take much intelligence to call enough people to find one who remembers an old account from one. Similar scammers are often reported to use "HSBC", or "First National Bank of Delaware" for some similar reason. The guess could even be taylored to the part of the country being targetted.
If it is still showing on your credit reports, even if in error, that may suggest that these scammers may have pulled one of your reports, and are using information from that source to fake this "debt". This is a common practice with this type of scam, even though pulling credit reports under false pretenses is illegal under state and federal law (FCRA, and Title 18), with both civil and criminal penalties possible, adding up to 2 years of federal prison to other penalties.
Pull your credit reports and see if there is a recent inquiry from "Thurston", or from any company you don't recognize as a legitimate creditor. With this scam, the harassing calls often start only days after the credit inquiry that gave them the information to use in the con.
The fact that you believe you may owe this "debt" does NOT mean you owe it to them. If you pay them, and they do not own the debt, and the owner has not assigned it to them, then you have "settled" nothing, just tossed money at a scam. They might even just come back to you later with another "debt", you are such a great sucker.
All debt collectors are required to send you an FDCPA "g" letter within 5 days notifying you of the debt, and of your right to dispute it and to request that they obtain proof from the original creditor and send it to you. If they don't send a "g" letter, they are in violation of FDCPA, and you can sue them.
It also violates FDCPA for debt collectors to engage in abusive, harassing, or deceptive collection, or make any threats they cannot or do not intend to carry out. For example, if they claim they are trying to "serve you", they are saying they have already sued you. If there is no lawsuit already filed in your local courthouse, then they are in violation, and you can sue them.
Check your local courthouse, and see if any lawsuit has been filed. If not, you know they are lying (deceptive collection), and in violation. You might also just check with the original creditor, who may not even have sold the debt. If not, you have caught them engaged in fraudulent collection of a debt they don't even own, attempted larceny and wire fraud.
File fraud complaints with FTC, your state Attorney General, and the Florida Attorney General. If they pulled your credit report under false pretenses to collect on a debt they had no right to, you should be talking with the U.S. Attorney for southern Florida.
Deception and fraud are all about appearances. You don't have to actually create the reality if your target is panicked and has no time to discover the ruse. That is useful with fraud, where you can't create the reality anyway. You just have to fool them for a couple months, and it's too expensive for them to get their money back. You win.
"Getting information out of someone who doesn't want to give it up is all about upsetting the target's emotional balance, impairing their judgment. Fear is good for that; anger is not bad either." - Michael Westen:, Burn Notice [Unpaid Debts [1.06], V.O.]
If you receive any threatening, abusive, or harassing calls, file complaints with FTC, your state Attorney General, and the Florida Attorney General.
Do they have licenses there?