FTC SAYS NEARLY $4 MILLION RETUNED RELATED TO DEBT COLLECTION SCAM

FROM:  U.S. FEDERAL TRADE COMMISSION

FTC Returns Almost $4 Million to Consumers in Debt Collection Scam
The Federal Trade Commission is mailing almost 95,000 checks totaling approximately $4 million to consumers who lost money to a debt collection operation that extorted payments from them using false threats.

In May 2014, the FTC settled charges against Asset Capital and Management Group, which, under various names, illegally extracted payments from consumers for credit card debt the defendants had purchased from creditors. The settlement order banned the defendants from the debt collection industry.

Consumers who receive the checks from the FTC’s refund administrator for this matter, Analytics Consulting LLC, should deposit or cash them within 60 days of the mailing date. The FTC never requires consumers to pay money or to provide information before refund checks can be cashed.

FTC CHARGES DEBT BROKERS WITH EXPOSING CONSUMERS' INFORMATION ONLINE

FROM:  U.S. FEDERAL TRADE COMMISSION
 Debt Brokers Settle FTC Charges They Exposed Consumers’ Information Online
Defendants Posted Bank Account Numbers and Other Sensitive Information of 55,000 Consumers

Two debt brokers have agreed to settle Federal Trade Commission charges that they exposed highly sensitive information about tens of thousands of consumers while trying to sell portfolios of consumer debt on a public website. The agreements with the FTC require the defendants to abide by strict new requirements to protect consumers’ sensitive information.

In separate cases filed last year against Cornerstone and Company, LLC and its owner, Brandon Lambert, and Bayview Solutions, LLC and its owner, Aron Tomko, the FTC alleged the debt brokers posted unencrypted documents online containing consumers’ names, addresses, credit card numbers, bank account numbers, and amounts the consumers allegedly owed. The sensitive data was posted on a website geared for debt buyers, sellers, and other members of the debt collection industry, but accessible to anyone with an internet connection.

The FTC’s complaints alleged that by disclosing consumers’ information online, the defendants exposed those consumers to risks ranging from identity theft to “phantom debt” collection. Phantom debt collection involves predatory debt collectors who try to extract payments from consumers without the authority to collect the debts.

In response to the FTC’s lawsuits, a federal court ordered the website hosting the sensitive information to take it down immediately. It also ordered the defendants to notify the affected consumers that their information had been exposed and of steps they could take to protect themselves.

Under the settlements, the defendants must establish and maintain security programs that will protect consumers’ sensitive personal information. In addition, the companies must have their security programs evaluated both initially and every two years by a certified third party.

The Commission votes approving the proposed stipulated final orders were 5-0. The orders are subject to court approval. The FTC filed the proposed stipulated final orders in the U.S. District Court for the District of Columbia.

Buying or selling debts? Check out the FTC’s seven tips for keeping data secure.

NOTE: Stipulated final orders have the force of law when approved and signed by the District Court judge.      

COURT ORDERS TEMPORARY HALT TO COMPANY COERCING PEOPLE TO PAY DEBTS THEY DON'T OWE

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC, Illinois Attorney General Halt Chicago Area Operation Charged With Illegally Pressuring Consumers to Pay ‘Phantom’ Debts

The Federal Trade Commission and the Illinois Attorney General’s Office have obtained a court order temporarily halting a fake debt collection scam located in Aurora, Illinois, a western suburb of Chicago. The defendants are charged with illegally using threats and intimidation tactics to coerce consumers to pay payday loan debts they either did not owe, or did not owe to the defendants.

The FTC’s case against K.I.P., LLC, Charles Dickey, and Chantelle Dickey is the agency’s seventh ‘phantom’ debt collector matter.

 “This company scared and tricked people into paying debts they didn’t owe,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Working with terrific partners like the Illinois Attorney General, we will keep going after phantom debt scams like this one and shutting them down.”

“The defendants have threatened and intimidated their way into stealing hundreds of thousands of dollars from unsuspecting people all across the country,” Illinois Attorney General Lisa Madigan said. “Between our two offices, we have hundreds of complaints. It is clear they must be stopped.”

According to the complaint, since at least 2010, the defendants used a host of business names to target consumers who obtained or applied for payday or other short-term loans, pressuring them into paying debts that they either did not owe or that the defendants had no authority to collect.

Often armed with sensitive financial information, the defendants would call consumers and demand immediate payment for payday loans that were supposedly delinquent.  To pressure consumers to pay, the defendants threatened that they would:

Garnish consumers’ wages;
Suspend or revoke their drivers’ licenses;
Have them arrested or imprisoned; or
File a lawsuit against them.
In response to the defendants’ repeated calls and alleged threats, many consumers paid the debts, even though they may not have owed them, because they believed the defendants would follow through on their threats or they simply wanted to end the harassing phone calls.

The complaint also charges the defendants with failing to provide consumers with a notice containing: 1) the amount of the debt; 2) the name of the creditor to whom the debt is owed; 3) a statement that unless the consumer disputes the debt, it will be assumed to be valid; 4) a statement that if the consumer does dispute the debt in writing, the defendants will verify the debt is correct; and 5) a statement that upon the consumer’s written request, the defendants will provide the consumer with the name and address of the original creditor if different from the current creditor.

Finally, the complaint charges that the defendants: called consumers at work when they knew such calls were prohibited by consumers’ employers; harassed and abused consumers; used obscene or profane language; and called consumers repeatedly with the intent of annoying or abusing them.

The complaint also alleges that the defendants violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Collection Agency Act, and that the defendants are not licensed debt collectors as required by Illinois law.

Defendants named in the case include: K.I.P., LLC; Charles Dickey, individually and as an owner, member, or managing member of K.I.P., LLC, and also doing business as (d/b/a) Ezell Williams and Associates, Corp.; Ezell Williams, LLC; Excel Receivables, Corp.; Second Chance Financial Credit, Corp.; Second Chance Financial, LLC; Payday Loan Recovery Group, LLC; Payday Loan Recovery Group; Payday Loan Recovery; International Recovery Services, LLC; International Recovery Services; and D&R Recovery. The complaint also names Chantelle Dickey, also known as Chantelle Rudd and Chantelle Williams, as an individual and as a manager of K.I.P.

The FTC and the Illinois Attorney General’s Office appreciate the Aurora Police Department, North Aurora Police Department, Better Business Bureau of Chicago and Northern Illinois, and the U.S. Postal Inspection Service Chicago Division for their valuable assistance with this matter.

FTC SAYS IT'S WORKING WITH NEW YORK ATTORNEY TO STOP ABUSIVE DEBT COLLECTION

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC, New York Attorney General Crack Down on Abusive Debt Collectors
Charges Cite Harassing Conduct, False and Deceptive Claims Made to Consumers

The Federal Trade Commission, jointly with the New York State Office of the Attorney General, has filed complaints aimed at shutting down two particularly egregious and abusive debt collection operations centered in Buffalo, New York that target consumers nationwide. According to the complaints, the separate enterprises used threats and abusive language, including false threats that consumers would be arrested, to collect more than $45 million in supposed debts.

“The Federal Trade Commission is pleased to work with the New York State Attorney General to stop abusive debt collectors,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The cases announced today will help protect consumers from debt collectors that disregard the law in an attempt to make a buck.”

“Today’s action should make it clear that nobody is above the law, and when shady debt collectors engage in illegal and abusive business practices, they will be held accountable,” said Attorney General Schneiderman. “The use of threats, including the threat of arrest, to collect debts is unconscionable, and I am pleased to partner with the FTC to stand up for consumers against these bad actors.”

The federal court has temporarily halted defendants’ practices in both cases at the FTC’s and New York Attorney General’s request.

4 Star Resolution LLC

On February 9, 2015, the FTC and New York Attorney General’s Office filed a complaint against 4 Star Resolution LLC, six other corporate entities, and three individuals (collectively, 4 Star), alleging that 4 Star used abusive and deceptive tactics to pressure consumers into making payments on supposed debts.

According to the complaint, 4 Star regularly called consumers using fictitious addresses, bogus company names, and spoofed phone numbers. After misrepresenting their names and locations, 4 Star’s collectors falsely identified themselves to consumers, claiming that they were attorneys, process servers, government agents, or criminal law enforcement officials.

In addition, 4 Star’s collectors allegedly falsely claimed that the consumers had committed an illegal or criminal act such as bank or check fraud. 4 Star’s collectors then falsely threatened consumers with dire consequences, including arrest, imprisonment, and civil lawsuits, unless the consumers made an immediate payment on the supposed debts.

The complaint cites several examples that illustrate the defendants’ alleged abusive and deceptive conduct. During one call to collect on a supposed debt, a 4 Star collector used the pseudonym “Detective Jeff Ramsay,” and left a message where he falsely asserted that he was seeking to serve a bench warrant on the consumer for check fraud.

In another instance, 4 Star’s collectors falsely told a consumer that her husband had committed check and money fraud and that legal action would be taken against the husband if the debt was not paid in two days. One of 4 Star’s collectors falsely identified himself to the consumer as “Investigator Kearns” and claimed that he worked for a government agency located in Washington, DC.

The complaint also alleges that when consumers asked for proof of the supposed debt, 4 Star’s representatives refused to provide it, and instead often told consumers they would only receive proof in court or after the debt was paid. The defendants often allegedly failed to provide written notice of the debt as required by law and failed to make required disclosures to consumers.

Finally, the complaint alleges that 4 Star unlawfully disclosed information about supposed debtors to third parties, including friends, family members, and employers, and illegally used abusive and profane language, including routinely calling consumers such names as “idiot,” “dummy,” “piece of scum,” “thief,” or “loser.”

Vantage Point Services, LLC

According to the second complaint, filed against Vantage Point Services, LLC, and related corporate and individual defendants, the organization, used deceptive, unfair, and abusive tactics to pressure consumers into making payments on supposed debts.

The complaint alleges that in collection calls to consumers the defendants often falsely claimed to be a law firm, process server, unrelated debt collection company, or entity affiliated with the government. In some instances, the defendants even posed as government agents, including FBI agents and district attorneys. In others instances, the defendants falsely told consumers they were working as an intermediary with the state, or that the state had placed the consumers’ account with them to give them a chance to pay the debt before criminal charges were filed.

With this deceptive backdrop, the defendants falsely claimed that consumers had committed a crime and that an arrest warrant would be issued unless they made a payment. Often, the defendants told consumers that they would spend 90 or 120 days in jail, or that that would need to pay thousands of dollars in bail if they didn’t pay.

The defendants’ conduct was not limited to people that supposedly owed the debt, however. Vantage Point made similar representations to third parties, including supposed debtors’ friends, family members, and co-workers. In some cases, the defendants falsely told third parties that the supposed debtors had committed a crime and that a warrant had been issued for their arrest.

Finally, the complaint states that the defendants failed to provide consumers with basic information about their identity during calls, did not provided consumers with information about the supposed debt within five days of the call, as required by the Fair Debt Collection Practices Act (FDCPA), and illegally charged them a “processing fee.”

Both complaints charge the respective defendants with violating the FTC Act and the FDCPA, as well as several New York State laws prohibiting deceptive acts and practices. In filing the complaints, the FTC and the New York Attorney General’s Office are seeking to permanently stop the defendants’ illegal conduct and to obtain money to provide refunds to consumers.

The 4 Star defendants are: 1) 4 Star Resolution LLC; 2) Profile Management, Inc.; 3) International Recovery Service LLC; 4) Check Solutions Services Inc.; 5) Check Fraud Service LLC; 6) Merchant Recovery Service, Inc.; 7) Fourstar Revenue Management LLC; 8) Travell Thomas, individually and as a principal, manager, and/or officer of several of the corporate defendants; 9) Maurice Sessum, individually and as a principal, manager, and/or officer of several of the corporate defendants; and 10) Charles Blakely III, individually and as principal, manager, and/or officer of Merchant Recovery Service, Inc. The complaint also alleges that the corporate defendants conducted business through approximately two dozen fictitious names.

The Vantage defendants are: 1) Vantage Point Services, LLC; 2) Payment Management Solutions, Inc.; and 3) Gregory MacKinnon; 4) Megan Vandeviver; and 5) Angela Burdorf, each individually and as an officer of one or more of the corporate defendants.

The Commission vote authorizing the filing of each complaint was 5-0. The complaints against 4 Star and Vantage Point Services were filed in the U.S. District Court for the Western District of New York.

FEDERAL TRADE COMMISSION VIDEO: DEALING WITH DEBT COLLECTORS

ALLEGED DEBT-COLLECTOR BULLY TO PAY $100,000 AND SURRENDER ASSETS

FROM:  U.S. FEDERAL TRADE COMMISSION 

FTC Continues Crack Down on Deceptive Debt Collection; Houston-based Defendants Agree to Stop Deceptive Fees and Practices

Owner to Pay $100,000, Surrender Assets, Including Luxury Motor Home

A Houston debt collection company, RTB Enterprises, Inc., which does business as Allied Data Corporation, and Raymond T. Blair, its president and sole shareholder, have agreed to a federal court order prohibiting them from the allegedly deceptive tactics they have been using to bully English and Spanish-speaking consumers into paying debts and unnecessary fees.

 According to a complaint filed by the Federal Trade Commission, the defendants violated the FTC Act and the Fair Debt Collection Practices Act by using false and deceptive methods to collect more than $1.3 million in so-called “convenience fees” and “transaction fees” from consumers who authorized payments by telephone. The defendants allegedly trained their collectors to deceive consumers into believing that payments were not accepted by U.S. mail and that the fees were unavoidable. In some instances, the fees were added to consumers’ accounts without their knowledge or consent, the FTC charged.

The FTC also alleged that the defendants’ collectors deceived both English and Spanish- speaking consumers by falsely claiming to speak for attorneys, falsely threatening to sue consumers who did not pay, and using deceptive schemes to coerce consumers into paying or providing their personal information.

“It’s illegal for debt collectors to lie, make false threats, use a false identity, or trick people into paying a debt or an unauthorized fee,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC will continue to protect consumers from deceptive or abusive debt collection practices, regardless of whether the deception or abuse occurs in English, Spanish, or any other language.”          

The federal court order imposes a penalty of $4 million, which will be partially suspended based on inability to pay once Blair surrenders assets totaling $100,000. The proposed order also requires Blair to relinquish a luxury motor home. The order prohibits Blair and his company from repeating any of the unfair or deceptive practices alleged in the complaint, and it requires them to truthfully disclose information about any fees they charge, and the steps consumers can take to avoid paying.

For consumer information about dealing with debt collectors, see Debt Collection.

The Commission vote authorizing the staff to file the complaint and approving the proposed federal court order was 5-0. The FTC filed the complaint and proposed order in the U.S. District Court for the Southern District of Texas, Houston Division on June 17, 2014.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The proposed order has the force of law when approved and signed by the District Court judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.