Scams From India Harassing Americans via Online Payday Loans
- T| 5 repliesI don't understand why you guys want them to stop calling. Once you have notified them to "cease and desist" it is $1500.00 for each violation.
10 calls $15,000.00. It costs you $350.00 to go to your state fed courthouse and file charges. THEY ALWAYS PAY BEFORE BEING DRAGGED INTO COURT TO ALSO PAY PENALTIES!
"What are the penalties for failing to comply with the TCPA?
The TCPA provides for either actual damages or statutory damages ranging from $500.00 to $1,500.00 per unsolicited call/message. In determining the final amount of statutory damages to award, courts analyze whether the defendant “willfully” or “knowingly” violated the TCPA". - Resident47 replies to T| 4 replies} It costs you $350.00 to go to your state fed courthouse and file charges.
You must have been out of rotation for a while. The Judicial Conference added an administrative fee for civil cases in May 2013, bringing the total to $400 for filing a new action in USDC.
} $1500.00 for each violation. 10 calls $15,000.00. ...
The topic here is illegal debt collectors, specifically thugs in South Asia who may not readily expose a US address to accept process service. TCPA is for sales callers, as numerous federal opinions have held for years. TCPA claims have been pinned to debt collectors in only a minority of cases involving improper skip tracing and a narrow range of privacy breach claims. The usual correct laws for spanking debt collectors are the FDCPA and state law variants, which carry much different penalty structures. The statutory FDCPA penalty does not stack per violation, so sitting around counting up illegal calls makes much less sense.
} THEY ALWAYS PAY BEFORE BEING DRAGGED INTO COURT ....
Even presuming you get lucky with TCPA claims that float, or really any claims, corporate defendants prefer not to pay total face value in pre-suit settlement. Many plaintiffs never get that total count even if they fight up to the trial date. Sure, the company might try to buy you off cheaply if at all. None of my defendants wanted to pay one dollar until after they got served. They also never wanted to argue the case merits in a hearing, just horse-trade their way out of a judgment. Realistically you may never get a judge to rule on "knowing and willful".
While I often promote taking lawbreakers to court, I also recommend doing it with measures of caution and wisdom. Winging it on half-witted readings of court rules and the laws behind your claims is what wrecks a case before it leaves the ground.
Yes, I do "want them to stop calling" when I demand it. If a collection agency complies soon enough for my comfort and manages to avoid obvious violations, it won't get a summons from me. The FDCPA is meant to provide deterrence of abusers. If that works, I'm happy to get on with life. The idea that I should sit quietly while baiting for violations may work for others, but I'm not making a career out of suing corporations. Consumer litigation gets messy and laborious, costs me sleep and gray hairs, comes with no promises, and it's not the cash cow you would like to dream it is. - Lisa replies to AshPayday loans are usury, which is loan sharking. You should NEVER apply for payday loans. The whole industry is a scam. Don't be surprised there are scammers calling you after you gave them your info. Get a lawyer, fast.
- T replies to Resident47| 3 repliesI would say you have been "out of the loop. I just filed another one who refused to pay last week.
It is $350.00 to file a civil suit with the fed. If you can prove low income you can also wave pre payment.
Most of these calls are from within the US. and can be filed against. Believe me I have tracked them down and they gladly have started paying the full $1,500.00 per call rather than challenge the new laws in my state and face $220,000.00 in fines pluss my claims.
"The amended Connecticut mini-TCPA, Conn. Gen. Stat. § 42-288a, effective October 1, 2014, tracks the TCPA in many ways; however, its key differences merit discussion:
•The Connecticut law prohibits a “telephonic sales call” made without prior express written consent. “Telephonic sales call” is defined to include a “telephone call” and a “text or media message.” Under the statute, “’[t]ext or media message” means a message that contains written, audio, video or photographic content and is sent electronically to a mobile telephone or mobile electronic device telephone number, but does not include electronic mail sent to an electronic mail address.” This language clearly covers SMS and MMS messages already covered by the TCPA. However, the language is also much broader – it may also cover push messages or in-app messages sent to a mobile telephone through the internet.
•A violation of the Connecticut law is deemed an unfair or deceptive trade practice. Under the Connecticut Unfair Trade Practices Act (“CUTPA”), a private plaintiff is authorized to seek actual damages, punitive damages, and reasonable attorneys’ fees in an individual suit or a class action. See Conn. Gen. Stat. § 42-110g. Because the statute provides for reasonable attorneys’ fees – which are unavailable under the TCPA – the Connecticut law may provide an incentive for plaintiffs’ attorneys to initiate more TCPA/mini-TCPA litigation, particularly in smaller lawsuits. Plaintiffs may attempt to bring suits alleging violations of both the Connecticut law and the TCPA. However, unlike the TCPA, the new Connecticut law does not provide for statutory damages – so a private plaintiff may face some difficulty establishing “actual damages.”
•The Connecticut law also provides for an outsized “fine” of up to $20,000 for each violation. The statute does not state whether each “telephone call” or “text or media message” sent without prior express written consent is a separate violation, however. Under CUTPA, an additional penalty of up to $5,000 may be awarded for willful violations. The new statute is silent on who may collect the $20,000 “fine.” Although “fines” are typically recoverable only by the government, the statute’s silence on this point may lead plaintiffs’ attorneys to argue otherwise. The $20,000 fine available under the statute could quickly snowball if a court determines that each text message or call made without prior express written consent is a separate violation. " - DaFox replies to T| 1 replyMight be a good idea to post some intel on the offenders you have nailed, like who they are and were they are located, so others in the same boat can sue them.
- T replies to DaFoxSmart phone, Payday Loans, NCO, Wells Fargo, BayNews9. I owed none of them a dime, notified them to "cease and desist"
Who ever calls you and you don't have an agreement or have given them authorization for them to call. Robo calls are all illegal and are notorious for the hang up calls because they are dialing 10 numbers at once. Ive been pummeled with NAACP text messages lately and will have to deal with them next.
Read the TCPA put yourself on the DCP list and laugh all the way to the bank when they keep calling. Much better than letting them continue to harass you by getting the last laugh on these scum bags. - Wa50 replies to Wa50Last night after I posted my comments, A SHILL came on with his comment back to me. But he is no longer on here, he must have been deleted! It was obvious by his writing, that he was a "foreign shill" he didn't fool me, the writing also looked very similar to other shill's writing that have been posted on some posts on this site. Anyhow apparently he must work overseas for one of the scam companies, that I mentioned in my last posts, I wondered how long it would take for one them to reply to me. Actually it took a while!
- Dorcus replies to AshI had a same story like you. I tried to loan from online, the company was 2 differents states, but they both were Indian, total I lost 850$. Please don't stupid like me whoever see this message.
- Walker| 1 replySenior Citizens are the ones affected by these attacks. They came up in a time, after World War II, when you could pick up your land line phone and be certain you would only be talking to family or friends. They still have that "innocence" about the phone. I volunteer at a senior center, and constantly, we talk about Caller ID, and the fact that many seniors don't refer to it, even though they may have on their glasses and can see the screen quite clearly.
Do keep a watch on senior citizens in your house. Warn your friends who have seniors in their houses, too. Thanks. - Resident47 replies to T} It is $350.00 to file a civil suit with the fed. If you can prove low income you can also wave [sic] pre payment.
Fine then, let's do this the long way.
United States Court of Federal Claims Fee Schedule
http://www.uscourts.gov/FormsAndFees/Fees/USC ... eeSchedule.aspx
[excerpts]
01. For filing a civil action or proceeding, $350
12. Administrative fee for filing a civil action, suit, or proceeding with the Court of Federal Claims, $50
350 plus 50 is easy math. Each of my cases after 2013 Q2 carried a $400 fee at the front door. Yes, I know what "in forma pauperis" means. No parties have been found indigent, so the full freight was paid each time. You gave a false impression that the outdated $350 fee applies now and to everyone. You also said plaintiffs can "file charges" in civil court, which is also incorrect since "charges" are criminal claims.
It's polite and customary to cite the sources you copy from. Here's yours, a July 2014 article from "InfoLawGroup", which I take to be a corpo law firm.
New Connecticut Mini-TCPA Provides for Giant Penalties and Attorneys’ Fees
http://www.infolawgroup.com/2014/07/articles/ ... attorneys-fees/
You'll note the repeated stress on the law's application, *SALES CALLS*. I see the same thing the author spotted, which you declined to acknowledge, that the law rewrite "provides several ambiguities that defense lawyers may seize upon".
The author continues: "the Connecticut law provides exemptions in some cases for calls or texts ... 'in connection with an existing debt or contract' ..." which is overdue or broken, in that order. He notes this exemption "is much broader than the FCC’s exemption for debt collection calls under the TCPA."
Dragging a debt collector under this law you're so excited about looks problematic, to put it politely. Its lack of a statutory damage provision makes it a freebie for most people, and I might add that there are 49 other states served by this website which can't use the thing anyway.
If you've managed to collect settlements you're happy with, I'm not calling for rain clouds. Based only on what I see here, it's as likely you were paid for your nuisance value, not necessarily because your claims were going to win or the defendants were scared of you. My experience with corporate defense lawyers is that they are constantly chipping and shaving at any weaknesses they can find in the laws we use against their clients. The companies sued for consumer violations all look upon us with disdain for disrupting what they think are their rightful business models. None are therefore universally eager to pay whatever a consumer demands on the last page of a civil complaint. Again, bully for you if you got what you wanted, but I won't have future consumer plaintiffs misled into thinking that they can pull a single lever and watch gold coins spew from a defense lawyer's briefcase. - BluEyzI work at a major hospital in the switchboard. Myself and my coworkers literally lose count as to how many times a day we get Middle Eastern callers asking for sooooo Many Hospital employees everyday, they even ask for our Physicians, they have literally cursed us and threatened us with bodily harm if we didnt put the Employee or Dr on the phone, and just blasting us with these SCAM calls, throughout 5 Major hospitals and 95 clinics that we answer for AND get this, 99% of the time the male callers name is JOHN or DAVE yeah right LMAO. They called us so much that their auto dialers literally crashed our switchboard and we couldnt make any overhead pages ie:Code Blues or Amber Alerts etc at all. We filed a complaint with our Security Dept and our Risk & Legal Dept. Not sure how they rectified this issue BUT GLAD TO KNOW MOST OF THESE CALLERS HAVE "CEASE AND DESIST" WITH THESE SCAM CALLS TO OUR EMPLOYEES. :-)
- annoyed replies to AshThe problem is I have never applied for a loan a know better to give out any information online. They are calling for a Mrs. LOPEZ which I know no one by that name.
EEven after I told them I was recording them and was going to sue their company and get the fired and sue them also for harassment they stopped for a few months then started back last week.
I am so fed up with this. The FTC and the phone company should be able to do something about this. Does anyone know just what can be done? ?????? - jph replies to Trayyes call the police., by them threatening u with arrest, that is extortion. They get away with this so much b/c people do not report them. Some have money they owe and think they are going to get criminal action. I once had a loan from these people for $2000. I paid 225.00 a month for 10 months and my principal was still $1600.00 . that should be illegal too. i got a company that help me get a solution to the issue, but i paid them $400. to get it done. but now i still get calls.
- B&P replies to WalkerAbout a year ago, my mom (age 70) got one of these scam calls, saying I would go to jail if they didn't pay $400. My mom actually paid the guy with her credit card over the phone, then called to tell me about it! I never believed people could really be that ignorant, until it happened to my mom! I made her immediately call her bank and have her credit card replaced and file a report about what happened. She also had the credit limit lowered because it was outrageously high. She was lucky she didn't lose any money.
- Dawna| 1 reply561-025-5221, 206-855-6816,
209,773-796-9746, 477-9947 these #'s called me a total of 23 times in the last 24 hours. I asked them to take me off their list but the guy told me that the only way that he could take me off their list was if I came there and licked his hairy balls. these scam artists are like fleas. they just won't go away. most of the calls said I had applied for a loan with payday loans. 2 asked if I had surgery in the last 10 years and was I on xarelto. these pond scum scammers will stop at nothing. I just don't answer anymore. I don't care how often they call, I will never answer a # I don't recognize.
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