Received a call from Binan Williams she stated I had a Jefferson Capital fraud loan back from 2005. She was very harsh which lead me to think that she was a scam pretending to be a law office working with a collection agency. I told her I don't know what she is talking about and that I never had a loan and I hung up the phone.
I received a call today from Vivian as well. I never had any of those loans she is referring to. She is very well scripted, she was trying to throw all kinds of legal jargon at me but I was not biting. i eventually just hung up. This is a MAJOR SCAM. Please do not become prey to any of this foolishness.
Vivian Williams is posing as an attorney to try to collect on pay day loans. She is threatening legal action including arrests with up to $5,000. in cash bond only. Please do no fall into her scam.
Gabriella, a "lawyer" contacted me about some payday loan and claimed banking fraud happened. This loan was paid off over 3 years ago. I told her that her company was clearly fraudulent and to look their number up on the internet and see what kinds of information it pulled up. She became very agitated and said she was sending me to jail for bank fraud and I told her I would see her in jail because I would file extortion charges on me. She then called me an idiot and hung up. Does this sound like a legal operation to any of you? I then called back and asked to speak to a manager to see if it was standard practice to call their customers idiots and the operator informed me to educate myself because they don't have to follow Fair Credit practices because they are a law office which I know is false. She told me to educate myself and hung up. Please report companies like this to the FTC, BBB, and your own state attorney general's office as well as the Florida Attorney General's Office since they claim to be from Jacksonville. No one should have to put up from harassment from fraudulent companies like this who use illegal scare tactics to try and collect on loans that are sometimes paid off.
The next time a "lawyer" tells you that, you can read them this letter:
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
May 4, 1992
Giovanni S. LoPresti
64 Snowmass Court
Absecon, New Jersey 08201
Dear Mr. LoPresti:
This is in response to your March 4, 1992, request for a staff opinion concerning the debt collection practices of a law firm. You asked whether certain actions by the law firm constitute violations of the Fair Debt Collection Practices Act ("FDCPA" or "Act"), a copy of which is enclosed. You stated that an attorney who "is regularly engaged in a practice of debt collection, as well as other practices of law," has filed a lawsuit against a consumer. The attorney communicated six or more times with the consumer, and each communication "relate[d] to a legal process." You ask the following four questions, which I have paraphrased, concerning the attorney's actions with respect to the consumer.
1. Is the attorney obligated to provide the disclosures required by Sections 807 and 809 of the FDCPA, if all of the attorney's communications "concern a legal process"?
If the attorney is a "debt collector" for purposes of the FDCPA, he must include the 807 and 809 notices in debt collection communications. "Debt collector" is defined in Section 803(6) of the Act. I have enclosed a copy of the Commission staff's commentary on the FDCPA, which was reprinted in the Federal Register in December 1988 ("Commentary"). On Page 50102 of the Commentary, the staff clarifies when an attorney is a debt collector for purposes of the Act. I also am enclosing a packet containing many staff opinion letters on the subject of debt collection by attorneys. I am confident that a review of the Commentary and the packet of letters will provide you with an answer to this first question.
2. Does an attorney violate any provision of the FDCPA if he denies that he is covered by the Act when, in fact, he is covered?
No. Although the FDCPA prohibits a number of unfair or deceptive practices by debt collectors, it does not prohibit those who are covered by the Act from simply denying that they are covered.
3. Does the FDCPA prohibit collection agencies from counseling their clients to litigate against consumers?
No, the FDCPA does not prohibit such counseling.
4. Does the following statement, if made by a debt collector, violate the FDCPA? If the statement does not violate the Act, is it a deceptive means of obtaining information?
You must pay in full in our office or call. If you call, you will be required to give your telephone number, place of employment and other pertinent information. This is so we may place a hold on your account.
In my opinion the statement neither violates the FDCPA nor constitutes a "deceptive means of obtaining information."
The views expressed herein represent an informal staff opinion. As such, they are not binding on the Commission. They do, however, reflect the staff's current enforcement position.
Sincerely,
Thomas E. Kane
Attorney
Division of Credit Practices
>> the operator informed me to educate myself because they don't have to follow Fair Credit practices because they are a law office <<
WolfmanJack gave a long and rather complete answer to that statement.
Here is a shorter one:
"The term "debt collector" is defined in Section 803(6) of the FDCPA as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another . "
In non-legalese, that means that any person or business that regularly attempts to collect debts IS a "debt collector", and must obey the FDCPA rules. (They can call themselves "lawyers" they can call themselves "Mr Johnson", they can call themselves "investigators" or "recoverers" or lots of other names ... but they ARE debt collectors, by law!)