AFNI FRAUD HOW TO DEAL WITH THEM

ComplaintsCollection AgenciesAfni, Inc.

Complaint

0
mason
Country: United States
I got a letter JUne 22nd 2007, from AFNI COLLECTIONS stating I owed Versizon New York Inc. $212. I've NEVER even had an account with verizon!!!  WHen I called Verizon they had no record of me under my name or social security number-NONE! Luckily for me I did not have a  problem finding how to defend myself against these scumbags as they have done this to numerous others. You can find complaints on them from the following websites

http://www.Complaintsboard.com/

complaintwire.org

ripoffreport.com

http://public.findlaw.com

THIS IS HOW YOU HANDLE THEM
Be aware of the following.  DO NOT CALL THEM !!!! They will track your phone number and harass you. Those that have called confirmed that they send a Fraud / Dispute Resolution package when you call to complain. The package arrives in about two weeks later.

IN this package AFNI requests you to include: a copy of my driver license, a copy of my Social Security Card and/or proof of citizenship (copy of birth certificate or naturalization papers), proof of residence at the time the account was established utility bill, bank statement, tax document or the like, a copy of police report or ID theft affidavit, and any other documentation that might assist AFNI investigate the claim.

They use this as a fishing expedition to gather more information on you. DO NOT CALL DO NOT SEND THEM INFORMATION!! Correspond with them via USPS ONLY and keep a record of it Return receipt requests /certified mail(which is further explain below, the instructions and form letter are below too). USPS is better because AFNI is too afraid to face federal charges for mail fraud. Please click on the links below for further information.

You can also call the credit report companies (transunion, experian and equifax) to get a free credit report and take steps to protect your credit.

I suggest reporting them to DCA (department of consumer affairs) IN YOUR STATE, State Attorney general, FTC (Federal trades commission) Dateline NBC and post this information anywhere you can to stop them.

Dont be surprised if they send a similar notice to someone in your home as well!

The information below was provided by yet another victim- I found it to be useful. GOODLUCK!





Registrant: Make this info private
Afni
404 Brock Drive
Bloomington, IL 61701
US

Domain Name: AFNICOLLECTIONS.COM

Administrative Contact :
Angelo, Alan
alanangelo@afninet.com
404 Brock Drive
Bloomington, IL 61701
US
Phone: 309-820-2918

Technical Contact :
Network Solutions, LLC.
customerservice@networksolutions.com
13861 Sunrise Valley Drive
Herndon, VA 20171
US
Phone: 1-888-642-9675
Fax: 571-434-4620

Record expires on 28-Feb-2012
Record created on 28-Feb-2002
Database last updated on 22-Jun-2006


I took a look online and found an excellent website that details how to query this. Here is the link to the form letter that you need to send Afni Inc. Once they receive this they will most likely lose interest or sell the collection on to another agency. If they break the rules you can report them to your state Attorney General, FTC and the Better Business Bureau and use the fact in small claims court :-

http://fair-debt-collection.com/Disputing_Col ... ute-letter.html


Here is the link for the procedure you need to follow to ensure you have documented proof that you have mailed the dispute letter :-

http://www.fair-debt-collection.com/Disputing ... structions.html

Here is an exert from the Form Letter :-

==========================================
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

· because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;

· you cannot add interest or fees except those allowed by the original contract or state law.

· you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.



I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.



KNowledge is power- dont take any wooden nickels!!!

Comments

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  • 0
    tj
    It appears that AFNI has been collecting on old Qwest accounts, doing its usual poor job of "verifying" disputed debts.  They are in trouble with the Minnesota AG again, after only settling last year over problems with collecting on unowed or unverified Verizon debts.

    http://www.startribune.com/local/92589329.html?page=1&c=y

    "Zombie debt: When a bill refuses to die
    A collection agency has been hounding Minnesotans, trying to collect old debts on behalf of Qwest.

    By LORA PABST, Star Tribune

    Last update: May 2, 2010 - 8:47 AM
    ...
    On Friday, Afni, Inc., the Illinois collection agency that demanded $122 from Welk in March, said it has suspended its effort to collect an estimated 100,000 old Qwest debts in Minnesota, after Welk and others took their complaints to Attorney General Lori Swanson. It was the company's second run-in with Swanson in two years.

    In 2008, Swanson sued Afni after consumers complained the company had harassed them and improperly reported debts to credit bureaus. Afni settled the case by agreeing to stop collection efforts once the company determined it had the wrong person.

    Afni's recent efforts to collect on the Qwest debts have unleashed a "significant number" of new complaints, according to the attorney general's office. Swanson sent letters last month to Qwest and Afni asking that they stop collection efforts on the Minnesota accounts until the companies straighten out their records.

    "There's clearly a breakdown in the accuracy of the data these companies are operating off of," said Ben Wogsland, spokesman for the attorney general's office. "These kind of collection practices are troubling. It's extremely frustrating to consumers who don't even owe the debt to get hounded."
    ..."
  • 0
    Scammed
    | 1 reply
    So. Wow.

    I received a "bill" today from AFNI for a $230.64 bill to DirectTV.

    I have NEVER had service with DirectTV. EVER.

    I am glad there is so much info out about ANFI. I have already typed out and printed the letter I will send later today disputing the charge and requesting verification.

    I have put a freeze on my credit at all three major credit reporting agencies.

    Still, I am FREAKED out by this. I have excellent credit. I have NO unpaid bills. I have read through this whole thread, and I just feel ILL about it. What can we (consumers) do? How can they keep getting away with this? It seems to me that they have been in this "business" quite lucratively since 2006/2007? This is over half-way through 2010! How can we bring this to the attention of people?

    I am just sick about this. When I typed out the letter to send off, I felt really confident that it would be the end to this insanity. But what I'm reading here suggests I have just embarked on the journey with these scammers. I cannot believe this! ACK! Where did they find me? And how do I expose them? ANYONE?
    • 0
      C. Gray replies to Scammed
      Just got a letter from them today. Didn't make sense: 1) They claimed that the letter was "another attempt to resolve" the "debt", which there were no previous mailings from them, or Dish Network. (i.e.,We never had a Dish Network service)  2) They offered to take half the payment and close the account. According to research, they make this same "offer" from other services.
  • 0
    tj
    In a recent federal class action lawsuit decision earlier this year, the judge decided that the brush-off letter they were routinely sending in response to consumer validation requests was "false, misleading, or deceptive".  

    http://scholar.google.com/scholar_case?case=2 ... _sdt=2&as_vis=1

    This decision has received attention from other attorneys, some of whom have posted notices on their websites seeking contact from consumers who may have been damaged by AFNI.

    IF they don't immediately cave, dispute any errors on your credit reports directly through the credit reporting agencies to establish liability under FCRA, then file FTC and Attorney General complaints, both with your state AG and the Illinois AG.  Then find an attorney.  

    The longer you let them play games, the more they will damage you, and you can't guarantee you will be completely compensated for trashed credit, closed accounts, or jacked interest rates even if you sue.  

    If they want to pay to use the court system as part of their compliance department, give them the opportunity.  You should be able to find an attorney willing to take such cases on contingency, since FDCPA and FCRA allow courts to award attorney fees if you win.

    You might try www.naca.net
  • 0
    anonymous
    I have been receiving calls from AFNI, but we owe nothing. We just paid our last debt for Verizon off 6-12 months ago. So they have no reason to call us. Good luck on collecting anything AFNI. I rarely answer phone calls from our land line phone anyway. I hope you get sued so badly, your collection agency fails!!!
  • 0
    anonymous
    I have been receiving calls from AFNI, but we owe nothing. We just paid our last debt for Verizon off 6-12 months ago. So they have no reason to call us. Good luck on collecting anything AFNI. I rarely answer phone calls from our land line phone anyway.
  • 0
    Deseridata
    Got a notice from AFNI saying I owed $1452.50 to Verizon, but lucky day I coulsd settle it for a mere $100.00 today!! Adding to the confusion they had taken my last name and incorporated me! I wasn't Desi Smith, I was Smith & Co.
    So I called and a very angry guy was demanding to know how long I'd lived at my home, and how long ago I had incorporated. When I explained that I've been a Gvt employee for YEARS, he then demanded to know exactly WHAT I do for the Gvt, was I contractor.. etc.. I calmly said (as we still weren't even discussing the bill) What I do for a living is of no business in this matter, and I wasn't going to allow him to continue to be rude, at which point he HUNG UP on me!!

    I haven't incorporated, I haven't got over 1400 in verizon debt, should I flag my credit reporters anyhow?
  • 0
    Linda
    We received a collection letter from afni, we sent them with in 30 days a certified letter that the person they are referring too is not a real person that has lived here.  They responded with the same info in the original letter.  They don't have our phone numbers.  To my knowledge they don't have our ss numbers.  My question is, can't I just throw these away in the trash.  The person they are sending them too does not exist in our home.  we have never had an account with Verizon and have never received bills from verizon for anyone at the is home.
  • 0
    tj
    They fish for suckers by sending collection letters to anyone they can find with a similar name.  They make little effort to find the correct person, preferring to harass all the people they contact "in error".

    Send them a letter, mailed certified, disputing the alleged debt and demanding that they obtain and send proof you owe it.  Beware that there are reports that they may send their own fabricated "proof", with nothing to prove anything was ever checked with Verizon.  

    Also beware that they may be posting damaging information on your credit reports.  If so, dispute their "error" through the credit reporting agency, and if they "verify" their error rather than removing it, you can sue them under FCRA.

    You may need to sue them to resolve their "mistake".  Both FDCPA and FCRA allow courts to award damages and attorney fees if you win, so you may be able to find an attorney willing to take such cases on contingency.  You might try www.naca.net
  • 0
    tj
    Since you have already notified them that the alleged debtor is not at your address, and since there are reports that they may alter account information to "correct errors", you would be wise to send a complaint to the Illinois Attorney General, indicating that they are continuing to send you collection letters, despite your notification to cease.
  • 0
    Fraud Victim
    I just got off the phone with AFNI and talked to Josh.  They are doing the same thing as noted above.  Using an old GTE account and my name and address to say I owe them over $300.  It is total fraud.  They told me other names like mine in the area and asked if I knew them to see if my identity had been stolen.  They stole my name!!!!  I don't understand how they can get away with this.

    Now I have to go through the trouble of writing letters and getting receipts to stop them.  Why isn't the state or federal offices getting involved?
  • 0
    tj
    This "id theft" gambit is a favorite of theirs.  They just send out lots of letters to anyone they can find with a similar name in some region, then claim it's "id theft" when they get calls disputing the falsely identified debt.  They then claim the consumer has to prove it's id theft, or pay it, even though the connection to that consumer is basically their own fabrication.  

    They did so much of this in 2007, that they jumped to #2 on the FTC list of companies reported in connection with consumer id theft complaints, right after #1 Verizon, whose alleged old accounts they were currently collecting on.  No other debt collectors were even close.

    Their little questioning routine was part of the act, a talk-off by their employees to convince you to pay a debt you don't owe, that it's too much trouble to do anything else, and diverting you from disputing and demanding validation even though the legal burden of proof is on them.  It's basically a "con", has been clearly visible in complaints against them for years, and it looks like they are still at it, despite federal lawsuits and AG investigations.

    Get an attorney.  FDCPA and FCRA allow courts to award damages AND attorney fees, so find one willing to take such cases on contingency.  You might try www.naca.net
  • 0
    Mom of upset daughter
    I came across this thread after I got off the phone with an extremely upset daughter who just received a phone call from a collection agency claiming to be attempting to collect $300 and odd dollars for umpaid installation fee with t-mobile.  Caller informed her that this bill was sent to the collection agency in March, and has been recorded on her credit report already (which she has not confirmed yet), and said they will take off the claim if she paid up the bill.  My daughter does have an account with t-mobile but her bills are all current.

    My question is, she has not receive anything in writing yet, just a phone call, and the caller refused to answer her question about where she could obtain the paperwork for this purpoted unpaid bill.  Other than contacting credit bureaus and not giving away any personal information if she gets the call again, is there anything she should be doing at this point to protect her? Without anything in writing, it seems sending out a disput letter would apply.  What does FDCPA / FCRA provide for in such instances? Any insights would be much appreciated.
  • 0
    tj
    What you are describing could be either a scam, or a debt collector using deception and abusive collection tactics to attempt to collect an alleged debt they may know is questionable, deliberately evading compliance with validation.

    Use of bluff and deception points to the knowledge that those tactics as somehow more likely to coerce payment than providing actual proof of the debt, and therefore to the possibility of attempted fraud.

    Check with T-Mobile and confirm that no balance has been sent to collection.  That will tell you that any "debt collector" attempting to obtain payment without proof is engaged in fraud.

    According to FDCPA, debt collectors are required to send a letter in 5 days notifying the consumer of the debt, and that they can dispute it and request validation.  Failure to send that letter is a violation, and you can sue them, for actual and statutory damages up to $1000.  In addition, courts can award attorney fees, so there are attorneys who take these cases on contingency.

    If you receive notice from some creditor like a credit card company that your terms are being changed due to information on a credit report, they must notify you which report they pulled, and that entitles you to a credit report from that CRA.  Contact the CRA directly, and indicate you had negative credit decision based on credit information.  

    This is separate from the federal free annual credit report program.  To get the legitimate free reports, go to www.annualcreditreport.com

    If you have further problems, contact FTC and your state Attorney General.  You may also want the assistance of a consumer attorney.  You might try www.naca.net


    What your adversary says tells you what they want you to believe.  What your adversary does tells you what they believe.  Hence, look to motive.


    You can generally find an address of a debt collector to send a dispute to through BBB.  What is the name of the debt collector?
  • 0
    Missy
    On my credit report AFNI, INC reported ATT as the original creditor and the collection amount $138 past due as of Jun 2011.  Date opened 2/20/2011 reported since 06/2011. Collection as of Jun 2011.  Do I need to ask for records of the original creditor before making any type of payment? I remember moving and having an account with ATT but don't recall the amount this was back 7/2010
  • 0
    tj
    Without requesting validation, you have no way to know whether you owe this alleged debt, nor do you have any way to pin down that any payment you make will even be applied to a debt you owe.  You have no way to ensure it doesn't crop up again later in the hands of another debt collector, or even as a new bill from AFNI.

    Based on past complaints against AFNI, this may even be someone else's bill, that AFNI has erroneously claimed you owe.  You might not even be on the account, as AFNI has been reported to send fraudulent bills to people not on accounts who just skip-trace to once having lived at the billing address.

    Send a letter disputing the debt, and requesting validation.  Mail it certified.  If you dispute timely, AFNI must cease all collection activity until they obtain validation from the original creditor and send it to you.

    Also call ATT directly and determine if you have any outstanding balance due from their side under your name.  If your former account was paid and closed, with no balance due, but AFNI sends you "verification" falsely claming you still owe it, then you have caught AFNI in deceptive collection.

    If so, dispute the negative credit reporting through the credit reporting agency, to establish AFNI's liability for erroneous reporting.  

    Then get an attorney.  They have been sued for various FDCPA violations, including deceptive collection, and lost a 3 state class action lawsuit a couple years back over sending deceptive letters in response to consumer validation requests.

    If you need an attorney with experience in FDCPA and FCRA litigation, you might try www.naca.net to find one in your state.  Both laws allow courts to award damages AND attorney fees, so you should be able to find an attorney to take such cases on contingency.
  • 0
    Nick
    I have a question. I am 24 years old and 3 years ago I was in an automobile accident (my fault) and damaged another vehicle. I was driving a friends car who did not have insurance and a few months later, I recieved a bill in the mail ststing I owed $5,800 to afni insurance. I have always had a skeptical feeling about the legitamavy of this company from the get-go, nevertheless, I have paid nearly $4,000 within the last few years. It sux. My question is, I have never recieved one thing in the mail stating proof I owed this particular amount of money, I never heard anything from the car-owners insurance company, I just recieved this bill from Afni and started paying without questioning it. Is there anything I can do about this?
  • 0
    Bruce Griffen
    If you look around the web, you will see plenty of ongoing complaints about collection company harrassing people for bills they never owe! There's contact information with Afni Inc. in Bloomington, Illinois. The CEO is Bruce Griffen. They're on a lonely road near where two highways meet in Buffalo's Breath, Illinois. Actually, Highway 9 and route 51. Ripoff Reports and Credit Complaints websites have a lot of stuff on this. They report attempts to collect ancient so-called debts that have absolutely NOTHING to do with the customers, harrassing calls & letters, the whole nine yards. It's terrible. 984 residents have already complained to the Illinois Better Business Bureau. There was a little bit of local news coverage in 2008. There's a pattern of companies who buy big bundles of crappy, wrong or made-up debts from telecommunications companies and then make tons of money getting blood out of a turnip. The turnip is YOU, by the way! Yeah, there are laws supposedly governing these companies, but out of hundreds of thousands of people hassled, any gang of mass-mailers with can gain big bucks from frightened or confused consumers who think they really owe somebody money!! Beware...
  • 0
    Michele
    | 1 reply
    Your letters, links and advice have been a tremendous help!  You took hours and hours of the guess work out of how to react to a collections Scam.  I can't tell you how appreciative I am.  I am sure I speak on behalf of many others.  I am reacting to a collections letter from Afni as well.  I am sure they will check me 'off' their list once they receive my letters my certified mail/return receipt and regular mail for which I will obtain a certificate of mailing.  I will also send the recommended follow-up letter in the same two fashions just mentioned.  Hooray!!!
    • 0
      tj replies to Michele
      Actually, they may just ignore your letters, but that is the process you must go through to establish violations of FDCPA under which you can sue them for damages.

      The endgame is a lawsuit, and since FDCPA allows courts to award both damages and attorney fees if you win, establishing a cause of action is your first step in both getting an attorney to represent you on contingency, and having negotiating leveraging to use in assisting AFNI in "doing the right thing".

      When you are dealing with a debt collector that depends on consumers not knowing their dispute rights or legal options, there is really not much point in taking any action that doesn't also position you closer to filing a lawsuit.

      You might try www.naca.net to find a consumer attorney in your state.
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