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