Author Topic: WARNING: Eastpoint Reovery Group  (Read 10698 times)

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arnanda

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WARNING: Eastpoint Reovery Group
« on: November 16, 2011 02:42:53 AM »
The call wasn't for me, they called for a relative, no one was home so the representative left a message.  It's so crazy, and I bet a lot of consumers fall for the threats.  I recommended my family member sue the collector and the collection agency.  No telling what they actually say on the phone to consumers.

If you are dealing with them I would highly recommending filing a lawsuit if the representatives do not follow the FDCPA.

1) The rep said he was calling from a firm.  It could be considered a law firm to other consumers.  Under the phone number notes in Google, it states the rep stated he was an attorney before.  Their website reflects otherwise.  They are not a law firm, they are a CA. 

2) No FOTI was left (no mini-miranda, nothing of any sort to resemble a FOTI message)

3) The rep said if they don't get a call back by 3PM EST they would proceed with further action. 

4) Ironically the rep recommended the consumer get in contact with their attorney and wishes the consumer luck.

5) No toll free number was provided (a NY phone number was provided)



Here are the violations I counted just from one voice mail:

a) FDCPA § 807. False or misleading representations (3) – claiming to be an law firm
b) FDCPA § 807. (4) ---implying lawsuit is coming
c) FDCPA § 807. (5) taking actions not intended to be taking or illegal to do
d) FDCPA § 807.(10) using deceptive means to collect a debt
e) FDCPA § 807. (11) failure to disclose that “this is an attempt to collect a debt and any information obtained will be used for that purpose” (mini-Miranda).
f) FDCPA § 808. Unfair practices (5): causing the consumer to be charged for the CA's communication, i.e. leaving a NY phone number to call. 

Their website is: http://www.eastpointrecoverygroup.com/
The number they leave in messages is: 716-989-0973
Phone number from website: 800-459-2417
Their address: Eastpoint Recovery Group, Inc.
2805 Wehrle Dr, Ste 1
Williamsville, NY  14221
TUN - 791/850 (05-28-2014). EQU - 816/850 (01-19-2014). EXP - 789/850 (08-07-2014).
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CleaningUp

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Re: WARNING: Eastpoint Reovery Group
« Reply #1 on: November 16, 2011 03:25:56 AM »
S....T....R....E....T....C....H



Only one with any real traction is No. 2 ... and you'd have to have admissible evidence that they were the ones that called.

1.   They are a firm.   There is no legal ruling that suggest that "firm" has to be "law firm".

3.   They are perfectly entitled to tell you that they require a response by X:XX or they will take further action.  They could turn it over to the next collector which would satisfy their threat without any misrepresentation.

4.  He could have told you to contact your chiropractor and still be well within bounds.


Running off without ammunition in the rifle is not a good way to hunt deer.




Flyingifr

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Re: WARNING: Eastpoint Reovery Group
« Reply #2 on: November 16, 2011 03:34:04 AM »
You gotta love Erie County, NY - home of the collection industry's worst. I bet if it weren't for the prison in Attica the Collection Industry in Erie County would not exist.

Back to your post:

1: He is calling from a firm. Any business is a "firm". he could be calling from an Ice Cream stand,it is a "firm". He didn't say "Law Firm", did he? Read "Understanding the Collection Agency" in the Flyingifr Method and pay attention to the concept of "weasel words". You can't sue them for what you THINK they said or how you interpreted it, only for what they actually said.

2: I am of the belief that no FOTI or Mini-Miranda would be needed unless they actually got you on the phone and not a voice mail. The reasoning behind this is that with a voice mail, if they give out the "this call is from a debt collector and any information obtained will be used for that purpose" and that part is overheard by a third party they can be sued for unauthorized disclosure. Silence is not actionable.

3: Go back and re-read "Understanding the Collection Agency" and pay  attention to the veiled threat discussion. "Further action" threatens nothing. All it means is if you don't call back by 3PM EST he's going to go play golf.

4: The threat to go get an attorney followed by "good luck" (or "only God can help you now") or some other similar phrase reminds me of the tactics used by the India/Pakistan Payday Loan scammers. A couple of years ago I did an investigation on them and posted it here: http://www.debtorboards.com/index.php/topic,6954.0.html

5: Common - the scammers I mentioned in #4 use a scammed USA number that goes by VOIP to them in India or Pakistan.If it is indeed the India/Pakistan scam then FDCPA is useless against them. If it is a USA based Collection Agency then you can sue the bejeezus out of them - only get a case first.

BTW, nice web site they have - a Home Page that says nothing about them, a "Contact Us" page that requires an email and phone number and a page that describes the Free Annual Credit Report rights under FCRA. I've seen better web sites designed by 5th graders.
« Last Edit: November 16, 2011 03:38:42 AM by Flyingifr »
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

CleaningUp

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Re: WARNING: Eastpoint Reovery Group
« Reply #3 on: November 16, 2011 03:44:27 AM »

Is there an echo in here?


arnanda

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Re: WARNING: Eastpoint Reovery Group
« Reply #4 on: November 17, 2011 02:23:40 AM »
Case law can show that implying being a lawyer or a lawfirm  or if they said they'll take further action are violations.  All we need to do is take it from the LSC--that's how the law is set up. 

We'll see if the CA stops the calls from my CMRR letter.
TUN - 791/850 (05-28-2014). EQU - 816/850 (01-19-2014). EXP - 789/850 (08-07-2014).
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Frodaddy

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Re: WARNING: Eastpoint Reovery Group
« Reply #5 on: November 17, 2011 02:51:34 AM »
Here is one I used in my case. There is an an FTC violation for pulling someones creditit report and then tackeng adverse action against them with out notice of such action. have never seen this before here but I think it helped my case. whenevr you mention the FTC they seem to cringe.
Check your credit report!!!
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CleaningUp

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Re: WARNING: Eastpoint Reovery Group
« Reply #6 on: November 17, 2011 03:27:54 AM »
Huh?