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Consumer Alert: Attorney General warns Kansans of debt collection scam

January 29, 2010 -- Attorney General Steve Six is cautioning Kansas consumers about telephone calls from apparent fake debt collectors who are impersonating law enforcement officers in an effort to extort money from consumers.   Consumers are warned to not submit payments to these fraudulent debt collectors.

When calling, the scammers most often state they are attempting to collect a debt related to an internet payday loan obtained by the consumer, but which the consumer never repaid.  Consumers state they have never obtained such a loan or paid off the loan years ago.  The scam artists have most recently identified themselves as ACS, National Affidavit Processing Department and United Financial Crime Division, but may use additional phony names.  It appears the phone numbers used by the scammers are “spoofed” numbers, so that the number appearing on a consumer’s caller ID is not the actual number of where the call originated. It appears the calls in question may be originating from outside the United States.

When questioned, the individual calling refuses to disclose the full name or address of the collection agency they claim to represent.  These scammers have been able to provide consumers with identifying information, such as the consumer’s social security number, home address, e-mail address, names of family members and the consumer’s computer IP address.  Since the callers are able to provide valid personal information, consumers may become confused and believe they are being contacted in regard to a legitimate debt.

If the initial debt collection scam is unsuccessful, consumers have been re-contacted months later with the scammers posing as law enforcement officers or officers of the court.  Typically, the consumer is threatened with arrest for fraud or some other fictitious crime unless the consumer agrees to immediately wire money via Western Union.  The fictitious officers strive to frighten and confuse consumers into compliance by using legal sounding terms such as “We’re filing an affidavit against you” or by stating a lawsuit has been or is in the process of being filed against the consumer.

A hallmark of each scam has been calling consumers repeatedly at their place of employment.  This scam hit home when an employee of the Kansas Attorney General’s Office was repeatedly called both on her cell phone and at work.  Despite the employee’s repeated verbal disputes, the caller refused to provide any identifying information to allow her to send a written dispute. The scammer also continued to call her numerous times a day regarding a payday loan she denied obtaining. Two months later, she was again contacted by telephone by an individual identifying himself as an “officer”.

“I denied owing the debt and refused to pay without being provided validation of the debt. I was then told, ‘If that’s the case, I will have local law enforcement come to your place of business and drag you out kicking and screaming’,” stated the employee.

“It is important for consumers to know their rights under the law,” Attorney General Six said. “If a consumer is receiving calls from a debt collection company and believe it is a scam, I encourage them to contact our office immediately.”

Under the Fair Debt Collection Practices Act (FDCPA), collectors are required to send consumers a written notice within five days of the initial contact.  The notification should contain  information such as the amount of the debt, the name of the creditor to whom the debt is owed and a statement informing the consumer they have thirty days to contact the debtor in writing to dispute the debt or request validation of the debt. In addition, legitimate debt collectors are prohibited by the FDCPA from making false or misleading representations, such as the consumer has committed a crime, implying nonpayment will result in the consumer’s arrest, or using the threat of violence.

More information is available on the Federal Fair Debt Collection Practices Act at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf.

To register a complaint with the Kansas Attorney General’s Consumer Protection Division, call 1(800) 432-2310 or visit www.ksag.org.

http://www.ksag.org/page/consumer-alert-attor ... collection-scam
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2
Kathy
What if the individual is able to get payment information from you.  Is there any way of stopping the payment from being processed?
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3
cindy
Received a call today from Law Office of James Anderson person had a very heavy indian voice, states that I was being investigated for internet fraud on a payday load that was not paid back from Arrow Head Investments. (I did call the Federal Breau of Invistigation, The local office states if I was being investigated they would not have a thrid part call me).  I told him I had no idea of what he was taking about.  This is one HUGE SCAM
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4
Tuffypoodle
DONT LET THESE JERKS SCARE YOU. TELL THEM YOU ALREADY TURNED THEM IN TO THE ATTORNEY GENERALS OFFICE IN YOUR STATE AND THE STATE THEY ARE CALLING FROM THIS NUMBER IS FROM JACKSON VILLE FLORIDA.
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5
powerpufffgirl
I received calls from these people today.  They called my place of employment and the assistant answering the phone that everything sounded fishy.  When I called back the number listed on my caller id - from a prepaid cell phone -  a message comes on saying that number is disconnected.  The also called my house and left this number to call back on.  Again, I used a prepaid cell phone - because I thougth it could be a scam.  The guy said that they were coming after me and would "get my paycheck to pay the debt."  I wouldn't give him any info and informed him that I thought they were crooks.  Not 2 minutes later they called my cell phone and again said it was urgent.  I waited awhile, called back and informed them that unless I was told who they were I would not give them any info and that I had already filed a report with my local police and also with my state government.  He promptly hung up.
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