They have a F rating with many many complaints against..
37 complaints filed against business
Failure to respond to 36 complaints filed against business
11 serious complaints filed against business
And from what I'm seeing above, they are breaking FDCPA laws, and probably the TCPA laws as well. There's also complaints on this thread number associated with these guys..
http://800notes.com/Phone.aspx/1-866-450-5702/4
I also found this for the real hoffman-weinberg-o-brien-llc:
I would think it would behoove those posting on this number, to file complaints with the BBB, and also with the NY Attorney General, as well as your own for these guy's as well as the FTC & FCC when those sites get back up. The FDCPA laws are clear.. (these guys do have to be licensed as a debt collector BTW)
Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written 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, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
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A Collection Agent May Not…
Here are the top 11 actions prohibited by the The Fair Debt Collection Practices Act:
Misrepresent Him or Herself
A debt collector may not misrepresent himself as an attorney or law enforcement officer.
Use the Telephone to Annoy or Harass
A collection agent may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with an intent to annoy, abuse, or harass anyone at the called number.
Threaten Arrest or Lawsuit
A collection agent may not threaten a consumer with arrest. It may not threaten legal action that is either not permitted or not actually contemplated. In other words, a the threat of a lawsuit may be an empty one.
Use Abusive or Threatening Language
A debt collector may no use abusive or profane language in the course of communication related to the debt.
Publish a Bad Debt List
Publishing the consumer’s name or address on a "bad debt" list is prohibited.
Contact By Embarrassing Media
A debt collector may not communicate with a consumer by post card. It may not use any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram. A debt collector may use its business name if such name does not indicate it is in the debt collection business.
Contact a Consumer at Work
A collection agent may not communicate with consumers at their place of employment after being told this is unacceptable or prohibited by the employer.
Seek Unjustifiable Amounts
A debt collector may not demand any amounts not permitted under an applicable contract or as provided under law.
Contact a Consumer Represented by an Attorney
A collection agent may not contact a consumer after it learns the consumer is represented by a lawyer.
Communicate With a Consumer After Receiving a Validation Request
If a consumer sends a written §1692g response within 30 days, the collection agent may not communicate with the consumer until it mails the consumer the requested verification of original creditor's name and address.
Communicate With Third Parties
A debt collector may not reveal or discuss the nature of a consumer’s debts with third parties other than the consumer’s spouse or attorney. A collection agent may contact neighbors or co-workers only to obtain location information. It may contact a third party again if it has reason to believe the information the party provided previously is false.
Bills.com FDCPA FAQ
Below are questions Bills.com readers ask frequently:
Can a Collection Agent Call My Cell Phone?
Yes. However, if you tell the debt collector it may not use that number because it is a cell phone, it may not contact you again at that number.
I Keep Receiving Dozens of Calls From Collection Agents. Is That Legal?
No. Unscrupulous collection agents will use "block parties" or "office parties" where they contact a consumer, multiple neighbors, or co-workers telling them they need to reach the consumer on an urgent matter. This is not permitted under the FDCPA.
A Collector Says I Will Be Arrested if I Do Not Pay
This was a true statement before the US Civil War, but has not been true since. People may be arrested if an aggressive judge files a bench warrant for a person who does not appear at a hearing relating to a lawsuit regarding a debt. However, in that case, the offense is the failure to respond to a court order, and not the existence of the debt. As stated above, it is illegal under the FDCPA to threaten a consumer with arrest if the consumer does not pay the debt.
call from this number looking for a family member. when I said I had no info about them and hung up the caller called back and was abusive and rude. I took the phone off the hook and she called 10 times in about 3 minutes. caller was very abusive.
Individual calling from 216-273-9990, presented himself as calling from a law firm. I asked point blank if he was indeed calling on behalf of a law fim or a collection agency. He attempted to dodge the question but went on to say her represented U.S. Bank and that I had an overdrawn account with the bank they are trying to collect. I told him that I do not know who he is and he should mail me proof of his agency and the alleged debt.I had been through a similar situation about 6 months ago, some one presenting themselves as a law firm, threatening action but never offered proof of the debt. I called the attorney generals office and they advised me to tell them to send what they have in writing before I will address the matter over the phone. I attempted to do this today, but the man just kept making claims insinuations and assumptions. I finally told him I will not speak to him again until I see proof of his claim and hung up.
He immediately called back apologizing for the disconnection and repeated his speil.
Giving me 24 hours to act. I saved the voicemail.
A hour later, the man called my husband and left a similar message but this time the same man called from 573-269-4603
I called US Bank, they had no record of my alleged debt to the bank. SCAM!