The Federal Trade Commission (FTC), the nation's consumer protection agency, is warning consumers to be on the alert for scam artists posing as debt collectors. It may be hard to tell the difference between a legitimate debt collector and a fake one. Sometimes a fake collector may even have some of your personal information, like a bank account number. A caller may be a fake debt collector if he:
is seeking payment on a debt for a loan you do not recognize;
refuses to give you a mailing address or phone number;
asks you for personal financial or sensitive information; or
exerts high pressure to try to scare you into paying, such as threatening to have you arrested or to report you to a law enforcement agency.
If you think that a caller may be a fake debt collector:
Ask the caller for his name, company, street address, and telephone number. Tell the caller that you refuse to discuss any debt until you get a written "validation notice." The notice must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act.
If a caller refuses to give you all of this information, do no
t pay! Paying a fake debt collector will not always make them go away. They may make up another debt to try to get more money from you.
Stop speaking with the caller. If you have the caller's address, send a letter demanding that the caller stop contacting you, and keep a copy for your files. By law, real debt collectors must stop calling you if you ask them to in writing.
Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know whom you're dealing with. Scam artists, like fake debt collectors, can use your information to commit identity theft – charging your existing credit cards, opening new credit card, checking, or savings accounts, writing fraudulent checks, or taking out loans in your name.
Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt.
Report the call. Contact the FTC and your state Attorney General's office with information about suspicious callers. Many states have their own debt collection laws in addition to the federal FDCPA. Your Attorney General's office can help you determine your rights under your state's law.
This same number called my cell and threaten to have my thrown in jail if i didn't them. They also read aome info on how i owe their company money. I ask them for loan i had suposely had owe. That rold me i owe them 980.00 dollars. What should i do?
Read my and Resident's posts. This is an extortion scam originating from India. There is nothing they can do to you. Debts are civil and not criminal matters (not that they care)--and they neither have the muscle nor the authority to prosecute anyone. All they are interested in is coercing you into buying a prepaid Green Dot card which cannot be traced nor returned. ABC News did an investigative report on this scam last year:
Phantom Debt Collectors From India Harass Americans, Demand Money
By BRIAN ROSS (@brianross) , CINDY GALLI and MATTHEW MOSK (@mattmosk)
June 7, 2012
Hundreds of thousands of cash-strapped Americans have been targeted by abusive debt collectors operating out of overseas call centers suspected of links to organized crime in India, law enforcement officials told ABC News.
The calls are part of a massive scam, one that appears to target struggling Americans -- especially those who have gone online to apply for payday loans. Armed with personal information from those pilfered applications, the threatening callers, who claim to be debt collectors poised to initiate legal action, have managed to pry loose millions of dollars from their victims -- even when the victims never owed money in the first place.
"This is what we call a phantom debt collection scam," said Jon Leibowitz, the chairman of the Federal Trade Commission. "It's a very pernicious and innovative new fraud."
Working through call centers in India, the commission estimates that the criminals have dialed at least 2.5 million calls, persuading already cash-strapped victims to send them more than $5 million. Some have reported receiving dozens of calls per hour. They are victims like Cindy Gervais, of New Orleans, who went online for a quick loan when her husband's car was hit by a driver who didn't have insurance.
Even though she paid the loan off, the so-called "phantom" debt collectors with Indian accents began calling to say she still owed money.
He more or less told me that if I didn't pay, they were going to have someone on my doorstep to arrest me," she told ABC News. "And that they were going to contact my place of business, and tell them what kind of person I am."
At first, she said she resisted. Then the calls became more frequent, and started to ring on her cell phone, and at the grocery distribution company where she had worked for 27 years.
"I was more or less was in panic mode because he told me there would be someone before noon at my place of business to arrest me and take me to jail," she said tearfully. "So I agreed to pay him."
After receiving scores of complaints, investigators with the FTC said they began tracking the calls, and following the payments. They alleged the payments led them to a California company run by an Indian-American named Kirit Patel, and that such scams would not be possible without American front men.
"I would say that all roads of this scam, or many of the roads of this scam, lead back to Mr. Patel," said the FTC's Leibowitz.
ABC News tracked Patel for weeks, from the suburbs of San Francisco to Austin, Texas.
Patel refused to talk. But his lawyer, Mark Ellis, said he believes it is far too early to pass judgment on his client. Ellis, a Sacramento-based attorney, told ABC News that Patel was hired for a nominal fee to set up an American shell company, and had no idea what the call centers in India were doing.
"I can tell you, he was as snookered by the people in India as anybody," Ellis said. "He's a 69-year-old man who is nearing his retirement who thought all he had to do was set up some corporations and everything was on the up and up. He's completely dismayed that he has become the lightning rod of this entire problem."
A close friend of Patel's also defended him in a brief interview at his home, saying Patel was not trying to defraud anyone -- he was just an unwitting, bit player in a larger scheme.
"If Mr. Patel was just a cog in the wheel he seems to have been a pretty big cog," Leibowitz said. "It is clear that Patel was integrally involved with this scam."
Leibowitz points to thousands of pages of financial and phone records gathered by the FTC and filed as part of a civil case brought against him in the U.S. District Court in Sacramento last month. When FTC lawyers sought to freeze his assets and prevent his business from continuing to operate, Patel responded by invoking his rights against self-incrimination. His lawyer told ABC News he has had to be careful in how he responds to the allegations in civil court "because there is a potential criminal action," but that Patel maintains the allegations against him are false.
Federal investigators said the phantom debt collection operation that allegedly benefitted from Patel's assistance was one of several that all trace back to the same small town in Western India called Ahmedabad. Callers use technology to make it appear that the calls originate inside the U.S. Victims provided ABC News with recordings of dozens of the calls, and many of the thickly accented callers appear to be reading off a script.
"Subpoenas have been readied, and Monday morning you're going to be picked up from your home," one caller says on a victim's voicemail. "And you have children. Don't worry about your children. We have a childcare department to take care of the children."
"You will be behind bars for six months," said another caller. "And once you go behind bars, you will lose your job. Once you are behind the bars, you won't get a single drop of water."
William Peerce Howard, a Tampa attorney who represents victims of harassment from debt collectors, said it takes an especially twisted criminal to use threats and coercion to pry money from someone who is already struggling financially
"These guys really are the most visible villains in America today," he said. "They make a living scaring people."
Mark Merola, of Florida, said he just panicked when the caller told him he might be arrested at the deli where he works in a Florida retirement community.
"I was nervous. I didn't want to embarrass myself, my family," he said. He used his debit card to pay the collector $576.
Afterwards, he says he realized "how stupid I was."
"It just happened so fast," he said. "I got scared."
Leibowitz said he hopes with more attention, future potential targets of the scam will recognize red flags before they turn over any money.
If callers say they are from the police, consumers should know that law enforcement officers do not collect debt for private parties. If the caller is speaking with a thick Indian accent, but calls themselves by a names such as Officer Mike Johnson, that should be a tip off. And if they're calling 40 times in two hours, that's another red flag. "Legitimate debt collectors, legitimate pay day lenders don't do those sorts of things," he said.
Merola said he would like to see anyone involved in the scam prosecuted aggressively.
"There's no place in society for these people," he said.
I have been receiving phone calls on my cell from a 225-360-3472 for several days. I finally answered the call as I knew it was some type of telemarkter. I told them to remove my number from there list and they called right back. They stated that the call would be monitored and that my name and social security number was under federal investigation for fraud. I know this is a lie, they told me that I would receive a subpoena on Monday and would be arrested on "Tuesday". Mark had a horrible accent so it was very difficult to understand what he was saying. He told me to get a lawyer. I asked who was supposively reporting me for frad he said Cash America. I never heard of or applied for any loan with them. As I started asking more questions and put him on the hot seat he hung up. I looked the number up on google and it appears this is a scam several people have received calls from this same number. I called back again and asked for Mark he knew he was caught so he said, all right.... all right you have a good day. I want to report this number and demand they cease all contact with me!!!
Yes, I too received a phone call from this number. Having already been scammed before out of $650, I knew it was nonsense, but I went along with the caller. When "Mark Lawson" called back again, I said, I was aware he was running a fraudulent operation and would not participate further. This call was received on January 11th at 1:03 in the afternoon. The caller made all kinds of threats and was very rude. He wanted to know the name of my attorney and I said I didn't have one. These people are incredulous!