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
When a stranger calls claiming they are trying to "locate" you to "serve papers", it implies a "lawsuit was filed". Even though false, that perception was intended, as a deceptive misrepresentation aimed at extorting payment without providing any proof of the "debt" or of their right to collect it.
FDCPA gives consumers to dispute alleged debts and demand proof be obtained from the original creditor and sent to them. When a debt collector evades providing proof of a debt, it implies they know they can't get it. When they use threats and impersonating "attorneys", court officials, or law enforcement to evade, it implies a scam, often a faked "debt".
Deceptive collection is specifically prohibited by FDCPA and state laws. Legitimate debt collectors do not violate FDCPA. In particular, if they use abuse and deception to collect, they run the risk of private lawsuits and prosecution by FTC and state AGs. This tactic is usually used by fraudulent debt collectors extorting payments for unowed debts.
"Thurston" shows up only months ago, and from the beginning there are consistent complaints of illegal threats, deception and attempted fraud. The profile of complaints is entirely consistent with other fraudulent debt collection operations, including the use of shill posts to attempt to counter consumer complaints. At the same time, there is very little to identify who or where they are physcially located, just a mail drop on a newly issued Florida state license.
We may assume that the illegal tactics are intended, as the complaints have been consistent, and they started when the company started. We may also assume that they intended to get away with illegal harassment, abuse, and deception from the start, due to their hiding of their real location.
All of the above are indicators of a fraudulent faked "debt" extortion racket.
Consumers should act accordingly, reporting all illegal actions to FTC, their state Attorney General, and the Florida Attorney General.
Strangers calling on the phone making illegal threats and demanding money for fake "debts" are not "debt collectors", they are criminals. If you extort and defraud consumers, you are engaged in criminal acts and you deserve prison time. The NY AG has it right, rounding up criminal "debt collectors" and sending them to prison. If you act like a criminal, expect to be treated as one.
"Information" provided on the phone, even SSN, DOB, or account numbers, is no proof of anything, particularly when it can be easily obtained by pulling your own credit reports. You can pull your credit reports yourself and see if there is a recent inquiry from this or an unknown company, that might have given them access to your old account information.
Legitimate debt collectors will mail you a "g" letter (for the section of FDCPA requiring it, 15 USC 1692g) within 5 days of their first contact. This will notify you of the alleged debt, and also notify you that you can dispute and request validation (proof obtained from the original creditor). FDCPA prohibits debt collectors from engaging in any collection activity if you dispute the debt within 30 days of receiving this letter. You can sue them for violations.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Failing to dispute DOES NOT mean you owe it. That could only be determined by a court of law. (If it did they would all claim they sent it, make sure you never got it, then claimed you couldn't dispute. They often do this anyway, but it's deceptive and illegal.) In fact, FDCPA specifically prohibits courts from considering a failure of the consumer to dispute as having any bearing on the validity of any debt.
This type of scam typically uses these illegal threats and implied "lawsuits" to extort "settlements" without ever providing proof. They generally do not send the legally required "g" letter, often responding to consumer claims the debt is disputed with more threats and abuse. If they send anything at all, they might send some "settlement letter" which would prove nothing at all.
Only documentation obtained from the original creditor would have any bearing on the validity of the alleged debt, and even that would prove nothing in cases of identity theft, misidentification, or unresolved billing errors. No statements by debt collectors can be relied upon as factually accurate. They are just hearsay.
TITLE 15 > CHAPTER 41 > SUBCHAPTER III > § 1681q
§ 1681q. Obtaining information under false pretenses
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.
- Dr. Gregory House, M.D.
Use of threats of fake "lawsuits" is a tactic used to avoid showing any cards, basically a bluff. Claiming they have "sued", yet not suing, implies they can't, and know they can't, which implies the "debts" are being faked.
This type of scam either attempts to threaten and bluff victims into paying made up "debts", guessing with common bank names or banks known to have merged years ago so their records are hard to unwind, or they just pull credit reports and pretend victims "owe" them for a "debt" similar to an old account. The same pattern has shown up across similar scams, in a number of different states.
The credit reporting agencies' client vetting processes are lax, and the criminals have discovered this. They only need to create enough of a facade to pretend they are a "debt collector", and they get full access to consumer credit reports. Hide their location behind mail drops, and it is hard to go after them, often more expensive than each small fraud.
Thurston and Associates LLC, Orlando FL
https://real.flofr.com/ConsumerServices/Searc ... 414&licDesc=CCA
Doesn't appear to be much connection.
The "Thurston and Associates LLC" debt collector may not be showing up in corporationwiki yet.
Similar or possibly related names.
Thurston and Associates, Inc., Ft. Lauderdale FL
http://www.corporationwiki.com/Florida/Fort-L ... nc-2955953.aspx
JT Financial Management LLC, Port Saint Lucie FL
http://www.corporationwiki.com/Florida/Port-S ... lc-5955911.aspx
Thurston Associates Inc., Longwood FL
http://www.corporationwiki.com/Florida/Fort-L ... nc-2955953.aspx
Thurston Associates LLC, Houston TX
http://www.corporationwiki.com/Texas/Houston/ ... c/39240614.aspx
You might get a bigger settlement for pulling a credit report without "permissible purpose" in violation of FCRA, since doing so "under false pretenses", is also a federal felony with up to 2 years prison time under Title 18.
When I first called in though, she wouldn't give me information without verifying the last four of my social. I IGNORANTLY gave it to her and am now freaking out after finding this post of complaints.
Will they steal my identity, keep contacting me trying to collect on my "fake" debt, what?? If they call again, I plan to tell them I'm recording the call based on some of the suggestions here.
SSN and credit report security is a joke. As a result, having someone's SSN is no proof of anything.
As yet there is no indication they are opening fraudulent accounts. Most complaints are reporting extortion attempts, with threats of fake "lawsuits", and as in your case, fake "debts".
They may have access to a bank or payment processor able to run through credit or debit card charges, or EFT checking account charges.
Put a fraud alert on your credit reports. That also gives you the right to get a free report from each CRA, so get those, in paper form, and check to see whether this "Thurston" has recently pulled one of your reports. This type of scam often pulls credit reports to get information to use in conning you. If you never had a Compass Bank account, then they might still use credit information to see your other credit lines, and size up how much to take you for.
As always, watch your statements for unauthorized charges. Dispute unauthorized charges immediately directly through your bank, as they can reverse the charges if you dispute within 60 days of the statement date of the statement showing the charges.
Do NOT attempt to resolve fraudulent charges with the scammer running through the charge. Always use a bank fraud dispute, and close the account or block the card number to prevent additional charges.
File complaints with FTC, and with the Florida Attorney General. Make clear that they attempted to extort payment on a fake "debt", with a bank you never had any account with, claiming you had been sued, but that there was no lawsuit.
They apparently have a Florida debt collection license, but just got it a couple months ago. The Florida AG should at least revoke their license, so people don't think they are legitimate.
Similar scams have used "HSBC" a lot, which also had a lot of subprime customers, including through the purchase of Household and Beneficial Finance. They also have many complaints mentioning "First National Bank of Delaware", which disappeared into a merger years ago.
With fake "debt" scams, there appear to be 2 approaches:
1) Pull credit reports and use an old account showing up there.
2) Guess at a bank name known for lots of subprime customers, possibly choosing based on their level of business in the area being targetted. It may also be an advantage that the "account" is "too old" to show up on credit reports (over 7.5 years), or that the "bank" is lost in the mists of time so no real records could be checked easily to disprove the "debt".
The scam depends on raising the level of the threats enough to overcome doubt, and calling enough people to find suckers who will fall for it.
The nature of the violations also implies they are demanding payment on faked "debts", as you suspect, basically running a phone extortion racket.
File a complaint with FTC, and with the Florida Attorney General. Get their Florida license revoked.
Was there any indication that they accessed credit reports, or posted false negative information?