Author Topic: Rachel from Card services went to law school??  (Read 540 times)

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fisthardcheese

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Re: Rachel from Card services went to law school??
« Reply #15 on: March 04, 2015 05:39:53 PM »
This attorney(s) need to be disbarred.

I would encourage you to forward this utterly absurd contract terms to the bar with your complaint.

Not only are they asking consumers to intentionally default so they can create FDCPA claims to sue on, but they want $200 per month for 14 months per account AND $50 per month for 3 years!  Plus they still want to take a fee out of any award or settlement gotten for their FDCPA claims.

This is a pure scam.
3 Arb Settlements (in AAA, pre-arb hearing)
2 JDB Suits Dismissed With Prejudice (in small claims using counter claims)
2 TCPA Settlements (1 using ITS with Draft Complaint; 1 using consumer attorney)
1 FCRA Settlement (after suit filed, using consumer attorney)

Brunothe JDBKiller

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Re: Rachel from Card services went to law school??
« Reply #16 on: March 04, 2015 06:00:21 PM »
In the recorded call, they said gave an example of someone who had a 20k debt forgiven because they had 30k in FDCPA violations.


Really? With a statutory penalty of $1,000? That's pretty good. I think I'd go see the Attorney General. This is very likely illegal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

ghost

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Re: Rachel from Card services went to law school??
« Reply #17 on: March 04, 2015 06:06:35 PM »
The contract doesn't explicitly state "default on your debts to create a FDCPA claim", but between the call recordings  where they say all kinds of off the wall stuff and the contract, I think one could reasonably infer that.
Lets do this

Brunothe JDBKiller

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Re: Rachel from Card services went to law school??
« Reply #18 on: March 04, 2015 06:13:11 PM »
Maybe we should educate them about the FDCPA by suing them under it. It appears that they want their customers to deposit funds into an account which THEY will control. They will then pay the creditors the negotiated amount (after they get their cut, you can bet) So, they are collecting money from a debtor and passing it along to the creditors for a fee. Makes them a debt collector in my book.
« Last Edit: March 04, 2015 06:22:14 PM by Brunothe JDBKiller »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Rachel from Card services went to law school??
« Reply #19 on: March 04, 2015 06:19:20 PM »
Maybe we should educate them about the FDCPA bysuing them under it. It appears that they want their customers to deposit funds into an account which THEY will control. They will then pay the creditors the negotiated amount (after they get their cut, you can bet) So, they are collecting money from a debtor and passing it along to the creditors for a fee. Makes them a debt collector in my book.

Interesting.

And they definitely have misrepresented themselves, the debt and the legal status of the debts in these calls and contract.
3 Arb Settlements (in AAA, pre-arb hearing)
2 JDB Suits Dismissed With Prejudice (in small claims using counter claims)
2 TCPA Settlements (1 using ITS with Draft Complaint; 1 using consumer attorney)
1 FCRA Settlement (after suit filed, using consumer attorney)

Brunothe JDBKiller

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Re: Rachel from Card services went to law school??
« Reply #20 on: March 04, 2015 06:27:28 PM »
I think we'd have a harder time finding a section they didn't violate. OP may have TCPA and FDCPA, plus Rosenthal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

cgoodwin

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Re: Rachel from Card services went to law school??
« Reply #21 on: March 04, 2015 06:41:04 PM »
Sounds like a simple scam to me, trying to use the name of a real law firm for legitimacy. "Third party payment processor" = The theif really stealing the money.

No real law firm would try this.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

fisthardcheese

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Re: Rachel from Card services went to law school??
« Reply #22 on: March 04, 2015 06:46:22 PM »
Sounds like a simple scam to me, trying to use the name of a real law firm for legitimacy. "Third party payment processor" = The theif really stealing the money.

No real law firm would try this.

I tend to agree.  Perhaps OP should look up the name of the attorney and see if they have a website.  Perhaps a call using the website contact info to see if they are the ones doing this and if not inform them that their name/firm is being used in this manor.
3 Arb Settlements (in AAA, pre-arb hearing)
2 JDB Suits Dismissed With Prejudice (in small claims using counter claims)
2 TCPA Settlements (1 using ITS with Draft Complaint; 1 using consumer attorney)
1 FCRA Settlement (after suit filed, using consumer attorney)

ghost

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Re: Rachel from Card services went to law school??
« Reply #23 on: March 04, 2015 06:48:37 PM »
No, it is a real lawyer in town. They gave the firm name, website, and I called today and verified speaking directly with the person that they are a lawyer. Verified the bar # and everything. It is a solo practitioner as well and they were just admitted to the bar in 2007, so they don't have a massive practice. A 30 min consultation is scheduled in the near future.
Lets do this

Brunothe JDBKiller

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Re: Rachel from Card services went to law school??
« Reply #24 on: March 04, 2015 06:51:38 PM »
I would meet with a consumer atty first, and if he agrees with us, I'd bring him to the consultation with me.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

cgoodwin

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Re: Rachel from Card services went to law school??
« Reply #25 on: March 04, 2015 07:38:23 PM »
Just report him to the bar before some poor scmuck gives the little money they have left to this scam.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

ghost

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Re: Rachel from Card services went to law school??
« Reply #26 on: March 04, 2015 09:36:21 PM »
Just confirmed with the referral service that it is run by a lawyer and they do want you to default on the debt and the start using those funds to contribute to the trust/savings account and then they will seek settlement after that is sufficiently large.
Lets do this

kevinmanheim

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Re: Rachel from Card services went to law school??
« Reply #27 on: Yesterday at 12:06:44 AM »
Just report him to the bar before some poor scmuck gives the little money they have left to this scam.
+1

CleaningUp

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Re: Rachel from Card services went to law school??
« Reply #28 on: Yesterday at 01:32:45 AM »
Sounds like one of those credit counseling services that take your money, "pay your bills", and skim what they can off the top...
...that is if there is enough money left over in the "escrow account" to actually put against some of your bills.

You can pay a lot more of your bills with the money that they take as there "management" fee.  This nothing more than a bankruptcy without the protections and the write-downs that bankruptcy offers.