"MoneyMutual and other purely lead-generation companies don’t offer the loans directly to consumers but instead operate online portals that connect loan applicants with lending services."
And I betcha some of MoneyMutual's customers - the lending services that pay for the leads - are not trustworthy businesses. They hide behind MoneyMutual.
Thanks so much for loading this thread just to crow about your court victory against a different agency. You "found who they are" yet won't share that little detail of "real party of interest", without which an FDCPA lawsuit against a secretive gang of thugs is a nonstarter. The ideal purpose of posting here is noted near the top of every thread page. "You should check into it."
Mr. or Ms. Anon did not say the topic company was sued. There is only the claim that the job is "easy".
Without a lawyer's help I've taken debt collectors for a few grand myself, but I had the advantages of verified names and addresses, a registered agent in my state, and years of study of consumer law and how it's applied. My opponents fought for months apiece before giving me close to what I wanted.
These goons have taken pains to hide themselves from your process servers and may not show up to defend if you do find their hidey-hole. Everyone is easy to sue. Not everyone makes litigation easy. Not all defendants hang around to pay default judgments.
Extortionists posing as debt collectors do need to be punished in court, and I support any well planned effort to try. But every case needs an assessment of risk and benefit, and every case is a little different. You cannot take any recipe from "Anon" comments and expect it to work for everyone. The facts, the lawyers, the judges, and the outcomes will vary.
What makes a phone call legal depends on the call purpose, who or what does the dialing, whether recipient consent is needed or obtained, how the call content is delivered, and the type of phone being rung. The FCC explains this for most forms of automated calls here ....
Currently all autodialed and/or prerecorded calls to mobile devices are illegal when made without express consent of the recipient. Companies reliant on automated calls scrambled to react to recent changes to the Telemarketing Sales Rule, mainly by hurriedly obtaining consent to call if they didn't have it already.
The TSR and TCPA were written to control mainly telemarketing. Stress and underline here that debt collection is not telemarketing, and debt collectors answer to their own laws such as the FDCPA. What makes debt collection agency (DCA) calls to mobile devices legal has been less certain lately. Without diving into new case law, I have my own short version.
In general a DCA call to its alleged debtor gets a pass because the consumer agreed to a contract giving the lender permission to enforce its terms by any communication method and through any third party. Credit card contracts in particular have been quickly amended to seal any gaps in permitted contact. Subsequent debt buyers inherit the contract terms and thus enjoy the same benefits.
An automated DCA skiptrace call to someone *not* alleged to owe the debt prompting that call is on weaker ground. The FDCPA allows a certain mitigated fishing for data on debtors but would like DCAs to avoid hassling the same wrong parties needlessly. Many persons called on mobile devices to provide "location information" have never given their consent to the agency, or else the DCA cannot rely on any implied consent. *Some* of those people are able to sue and win on TCPA claims, typically if they nail down a privacy issue, even though as said the TCPA was never meant to do much about debt collection.
Before we forget the issue of removing consent, DCA calls of any type to an alleged debtor are barred if that person has given some notice that they are inconvenient. Skiptrace calls must cease if it's crystal clear that the called party is a dead end or it is known that future calls are banned. Calls which continue against a person's orders may be the subject of both FDCPA and TCPA claims.
I have been receiving the same call for the past month and they are getting worst and worst. Very scare that their are so many scams out in this world. Please be safe.