Somehow these [***] got ahold of a check I wrote back in like 98'.. They insist it was a bad check & want money to settle it.. The bank account is long since closed & I've never bounced a check in my life.. Even if I had its far too long since the check was written for any "law suits" against me (and it would be on my credit report, which is clean) . I keep telling them I know it's a scam & to get real jobs but they just hang up.. Then a few days or weeks later they call from a different #... They have started calling my husband (& god knows who else). I saw that somebody wrote that we need to send them a letter but I don't want them to have my address. And they have never given me a name of their said company (or one that comes up in Google search) so I wouldn't know who to file a complaint against. Meanwhile I've started telling them I have paperwork on them & need them to pay me or they are going to jail.. I mess with them for as long as I can before they hang up. I just feel bad for whomever else they are bugging from my life. I also feel bad for the ppl who fall for this [***]. They have to be making money or else they wouldn't be doing this. I'm wondering if it will ever stop... Anyways I just wanted to let ppl know that this is a scam & to NEVER give money to anyone calling!! True collectors send paperwork! They will claim they have sent stuff to a previous address but it's not true!! They will say ANYTHING to get your money! If you have a debt settle it directly with the company & if the company did send it to collections they can give you the number to the person's you need to contact!! And NEVER give out personal information! Even if they have the correct info on you, deny it!! Protect yourselves & put these crooks out of business!! Peace.
Somehow these [***] got ahold of a check I wrote back in like 98'.. They insist it was a bad check & want money to settle it.. The bank account is long since closed & I've never bounced a check in my life.. Even if I had its far too long since the check was written for any "law suits" against me (and it would be on my credit report, which is clean) . I keep telling them I know it's a scam & to get real jobs but they just hang up.. Then a few days or weeks later they call from a different #... They have started calling my husband (& god knows who else). I saw that somebody wrote that we need to send them a letter but I don't want them to have my address. And they have never given me a name of their said company (or one that comes up in Google search) so I wouldn't know who to file a complaint against. Meanwhile I've started telling them I have paperwork on them & need them to pay me or they are going to jail.. I mess with them for as long as I can before they hang up. I just feel bad for whomever else they are bugging from my life. I also feel bad for the ppl who fall for this [***]. They have to be making money or else they wouldn't be doing this. I'm wondering if it will ever stop... Anyways I just wanted to let ppl know that this is a scam & to NEVER give money to anyone calling!! True collectors send paperwork! They will claim they have sent stuff to a previous address but it's not true!! They will say ANYTHING to get your money! If you have a debt settle it directly with the company & if the company did send it to collections they can give you the number to the person's you need to contact!! And NEVER give out personal information! Even if they have the correct info on you, deny it!! Protect yourselves & put these crooks out of business!! Peace.
Fresno and Bakersfield have been inundated with calls regarding a debt collecting agency called: Data Check of America. Their webpage suggests they are a check authorization and fraud prevention company. They claim they protect businesses and consumers from the unlawful use of checking account information. They assert to be in the risk management business. Under their “Consumer Alert” section, they even claim they are “NOT a Debt Collection Agency or Debt Buyer.” They state they are working under “both STATE and FEDERAL Law Enforcement to stop unlawful collection tactics.”
Recently, over 2 dozen complaints have been registered with your BBB serving Central California & Inland Empire regarding Data Check of America. Data Check of America is out of Phoenix, AZ, and currently has a D+ rating with the BBB. Fresno attorney Timothy Springer discovered that the Arizona offices are virtual offices by Regus – a mailing address, a receptionist, but no employees.
The contact goes something like this:
You receive a call from 866-218-3402 regarding a returned check from between 1997 and 2009. The original amount owed is less than $35, and very often written to a pizza parlor. Some of the checks are drawn on Washington Mutual – a bank that went out of business in 2009. “Simone” is one of the Data Check employees. Simone phones. A lot. Sometimes 5 times per day. When Simone makes contact to settle the original debt, the price has skyrocketed: up to $300. Litigation is threatened. Wash garnishment is threated. The debtor is told a freeze will be placed on the accounts with whom Data Check does business. One complainant was threatened with a lawsuit for $5000. One woman asked that Simone stop calling. Simone answered that she will, “never stop calling you.” After being bullied into paying by credit card, Simone told a young lady to “stop crying, I can’t hear you.”
$300 for 14 year old pizza?
After clients complained about Data Check of America, Fresno attorney Timothy Springer contacted Me-N-Ed’s corporate office. Mr. Springer was told that Me-N-Ed’s was unaware of these collection attempts, and have not authorized Data Check of America to make collection efforts on their behalf.
Is this legal?
Can a creditor collect on a debt that is 14 years old? In California, the statute of limitations for an NSF check is 4 years. After that time, a debt is considered "time-barred." According to the law, a debt collector cannot sue you in court for not paying a debt that is time-barred.
Debt Scavengers and Zombie debt refers to old debt purchased by debt collectors, hoping to intimidate consumers into paying. Companies sell their old, uncollected debts for pennies on the dollar to third-party agencies. Zombie debt collection agencies have nothing to lose, and a lot to gain. They keep virtually all the money, so they stand to make a significant profit if they are able to collect even a partial payment from you.
What should I do?
Ask for the debt in writing, and tell them to stop calling you. Ask for the company's mailing address. Then hang up. If you are able, block the number. Data Check of America is spoofing numbers, so blocking one number may not stop them from calling from a different number.
Will this ruin my credit?
If you are not sure whether the debt will affect your credit score, Check Your Credit Report. If the original debt you owed was less than $100, if it shows up on your credit report, it may not significantly hurt your credit score.
What are my legal rights regarding debt collection?
There are very specific laws regarding debt collectors, outlined in the Fair Debt Collection Practices Act. The following are rules for dealing with a debt collector:
Get it in writing. Within five days of contacting you, a collector must send you a written notice telling you the amount of money you owe, the name of the creditor, and what action to take if you believe you don't owe the money. Collectors must stop trying to collect until they give you verification. DON’T CHIT CHAT. HANG UP AND WAIT FOR THE PAPERWORK.
If you don’t owe it, dispute it in writing BY CERTIFIED MAIL. KEEP A COPY OF THE LETTER. If you do not send the letter certified mail, they can claim they never received it.
Keep a record of phone calls, voice mails, and messages. IF THE COLLECTOR BREAKS THE LAW, YOU CAN PRESENT THE EVIDENCE IN COURT TO SUE THEM.
SAY AS LITTE AS POSSIBLE
NEGOTIATE if you owe the debt. Start off offering 10 percent of the amount you owe. Settle in the neighborhood of 30 – 50%. Once you’ve gotten WRITTEN CONFIRMATION of the agreement, send the payment. Pay with a cashier’s check, not a personal check. UNDER NO CIRCUMSTANCES GIVE ANYONE ACCESS TO YOUR BANKING DATA. Offer a “payment-for-deletion” deal. Agree to pay the full payment if the collector agrees to remove the collection account from your credit report. GET IT IN WRITING.
Debt collectors may not lie, and they may not harass you by phoning simply to annoy you. You cannot be harassed, oppressed, abused, or threatened with arrest or criminal prosecution.
If a collector doesn't tell you that a particular debt is time-barred — but you think that it might be — ask the collector if the debt is beyond the statute of limitations. If the collector answers your question, the law requires that his answer be truthful.
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower.
Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it. Report any problems you have with a debt collector to the California Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau.
Data Check of America states their debts can viewed online at www.datacheckofamerica.com or www.paydatacheck.com. They have their phone number listed online:
Data Check CUSTOMER SERVICE HOTLINE (888) 252-7454
Data Check of America Inc. Compliance Department (888) 221-6373.
One person who was a victim of Data Check of America called the company’s compliance department, and eventually got a refund.
The website for Data Check claims they will “suspend consumer check writing privileges with our merchants in the event of a dishonored check which may be reported to CHEX SYSTEMS and/or other merchant Check Verification Agencies.”
The three systems that merchants use to verify checks are:
Chexsytems: 1.800.428.9623, or ConsumerDebit.com
Certegy Check Systems Inc.: 1-866-543-6315 or AskCertegy.com
Telecheck/FirstData: 1-800-366-2425 or FirstData.com