Don’t Be the Victim of A Debt Relief Scam

An alluring pitch, “We can reduce your credit card interest rates!” managed to get consumers from all over the country to pony up $149—$599 for debt relief help they didn’t get, according to the Federal Trade Commission. This week, the FTC announced a court froze the assets of a telemarketing agency that the FTC believes violated federal law.

The company in question, Premier Nationwide Corporation, allegedly cold-called consumers, promising to get them lower interest rates on their credit card debts. Those who took the bait and paid the fee were then sent a list of low-interest-rate credit cards and told to apply for them on their own. Or they were told they could enroll in a Debt Management Plan, requiring them to close all their credit card accounts—and pay a monthly fee for the administration of the DMP.

[Article: How to Get Help if You've Been Scammed]

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I have a strong sense of deja vu while writing this. Early in my career (pre-Internet), consumers would send $4 to the non-profit organization for which I worked, and we would send them a list of low-rate credit cards. Every so often we would find out that some marketer had copied our list and was selling it for tens or hundreds of dollars. Eventually, the crooks would be shut down or disappear, and all would be quiet until another one surfaced.

The FTC listed numerous violations of the FTC Act in its complaint against the company. Most involve alleged violations of the Telemarketing Sales Rule, a federal law that prohibits marketers from charging and collecting an advance fee before renegotiating, settling, reducing or otherwise altering consumers’ debts. In fact, the firms may not charge a fee until at least one debt has been renegotiated or settled. The FTC also alleges that the company misrepresented its refund policy. Those who were told refunds were available if they weren’t satisfied (not everyone was offered the option) were unable to get their money back when they realized they weren’t going to get what they thought they were buying.

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Are your credit card rates too high? You don’t have to pay hundreds of dollars for help. You can:

Can’t do it on your own? Before you sign up with a debt relief firm, learn here how the Telemarketing Sales Rule protects you.

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“Fake” Debt Collection Court Lawyer Silent In Real Trial

The company that used a fake courtroom to threaten a widow with jail and to steal her son’s car found itself in a real courtroom last week with little to say. Appearing in Erie County Court, an attorney for the collections company Unicredit America offered no defense for the strong-arm tactics it allegedly deployed.

As we reported in March, Unicredit had begun its collection efforts on Erie resident Marilyn Johnson after she was unable to pay the entire cost of her husband’s funeral, leaving her with a bill of $2,142.

[Related Article: "Fake Court" Collections Victim Wants Money Back]

Unicredit invited her to an office building converted into a fake courtroom, complete with law books on shelves and a company employee dressed in a judge’s robe and sitting on a raised bench.

“(I)t looked nicer than some of our real district courtrooms,” Andrea Amicangelo, Johnson’s lawyer, told Credit.com.

Unicredit threatened to throw Johnson in jail during the fake hearing. To keep his mom from going to jail, Johnson’s son, Howard D. Johnson, agreed to pay the company more than $2,000 and sign over the title to his 2002 Chevrolet Cavalier.

Last week in a real courtroom, Unicredit’s attorney, Lawrence D’Ambrosio, declined to explain or defend Unicredit’s actions to Erie County Judge Michael E. Dunlavey, according to the Erie Times-News. Instead, the company dropped its claim against Johnson.

Unicredit still faces a lawsuit by Pennsylvania Attorney General Tom Corbett over its alleged courtroom ruse.

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Image: Jonathon Narvey, via Flickr.com

Deutsche Bank Sued for Fraud; Billions at Stake

The United States and the city of Los Angeles filed two different lawsuits against a German Bank this week. The federal lawsuit accuses Deutsche Bank of mortgage fraud.

Meanwhile, the city alleges that “Deutsche Bank has become one of the largest slumlords in the City of Los Angeles.”

In the federal lawsuit, U.S. Attorney for southern New York Preet Bharara accuses Deutsche Bank of defrauding American taxpayers of millions, and potentially billions, of dollars. The bank and its U.S.-based subsidiary, MortgageIT, received insurance from the Federal Housing Administration for more than 39,000 home loans, worth over $5 billion, according to the complaint, filed Tuesday in New York’s Southern District Court.

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But there was a problem: many of those loans never qualified for government insurance in the first place, according to the suit.

“Deutsche Bank ignored every type of red flag and breached every duty of due diligence before underwriting thousands of federally insured mortgages,” Bharara said in a press release. “While the homes the defendants issued loans for may have been built on solid ground, the defendants’ lending practices were built on quicksand.”

In the scam, MortgageIT’s employees allegedly lied on the applications, winning federal insurance for mortgages in which borrowers failed to state their income or make downpayments in accordance with federal insurance rules. With the government promising to compensate investors if the loans failed, MortgageIT was able to charge investors higher prices for the loans, thus allegedly earning themselves more money on the deals.

Of the 39,000 mortgages for which MortgageIT won federal insurance, 3,100 have already failed, costing American taxpayers $386 million, according to the lawsuit.

“(T)hese lenders put millions of dollars of taxpayer funds at risk and violated the integrity of this important program by making false certifications to HUD,” Tony West, chief of the Justice Department’s civil division, said in a press release.

The losses so far may be just the tip of the iceberg. The problem with lenders filing fraudulent applications for FHA insurance was first uncovered in a report by the agency’s inspector general, which found that fully half of all mortgages insured by the federal government never met qualifications for the insurance in the first place. That could force taxpayers to pay over $8.4 billion in fraudulent claims, as we reported in March.

If that ratio holds true in Deutsche Bank’s case, that would mean the bank may have fraudulently received federal insurance for $2.5 billion worth of loans. With the U.S. attorney seeking treble damages, that translates to a potential fine of $7.5 billion for Deutsche Bank.

In Los Angeles, the city’s lawsuit accuses Deutsche Bank of failing to maintain more than 2,200 foreclosed properties. The suit also alleges that the bank wrongfully evicted thousands of people.

“We must fight blight by holding banks accountable when they create vacant nuisance properties that pose threats to our residents and destroy the quality of life in our neighborhoods, and we must protect vulnerable tenants from illegal evictions,” City Attorney Carmen Trutanich said in a press release.

Deutsche Bank responded by saying the city is suing the wrong party. According to comments made by a spokesman to American Banker, the bank serves as the trustee on the loans in question; and a different company actually services the loans, and is responsible for evictions and maintaining foreclosed properties.

Deutsche Bank did not immediately return calls seeking comment.

[Related article: Government May Owe $8.4 Billion on Fraudulent Loans]

Image © Andreas Weber | Dreamstime.com

Schemes Net Millions, Results In Small Fine

Officers of a firm that allegedly helped facilitate $200 million in fraudulent charges have settled with the FTC, after paying a fine of $15,000 and promising not to do it again. The CEO and the president were individually fined for a grand total of $22.65 million, but the judgments were stayed based on their inability to pay.

Anything wrong with this picture?

At least that’s what I was thinking when I read the latest enforcement action by the FTC against the former president of a company that, according to the FTC and seven state attorneys general, “processed unauthorized debits on behalf of deceptive telemarketers and Internet-based schemes that were violating the FTC’s Telemarketing Sales Rule and state and federal consumer protection laws.”

The firm, Your Money Access, LLC, helped clients process more than $200 million in debits and attempted debits from consumer’s accounts. Nearly $70 million of those debits were rejected or returned (presumably because they were unauthorized or consumers disputed them) and, in cases where the scheme was successful, merchants often allegedly sent “relatively worthless items” – or nothing at all. 

In a recent post, I described how small credit and debit card charges you don't recognize can be the sign of a bigger problem. This case again illustrates why it’s important to monitor your credit card accounts (and if you use a debit card, your bank account) frequently, and dispute suspicious charges quickly.

(This case was settled with the FTC without admitting any wrongdoing.) 


Gerri Detweiler – Personal finance author and Credit Advisor for Credit.com, Gerri contributes budgeting, debt recovery and savings information online. She is also the co-author of Reduce Debt, Reduce Stress: Real Life Solutions for Your Credit Crisis.

Beware of Fake Payday Loan Debt Collection Scam

Snapshot 2010-09-08 13-06-51 For a year now, we've been getting complaints in the Credit.com forums about fake payday loan debt collectors. So I wasn't surprised when I read the announcement this week by Illinois Attorney General Lisa Madigan warning Illinois residents to “be on the alert for scam artists posing as collectors of payday loan debt. The scammers call consumers and threaten them with legal action unless the victims authorize payments from their bank accounts.” Her office has received numerous complaints.

These are not your normal debt collection calls. In many cases, these collectors are very aggressive. Here are some of the threats reported on our forums:

“…we would have to appear in court at 11:00am tomorrow morning, we would be charged with internet fraud, would be put in jail, could be sentenced to 4 months in prison, etc.”

“…said that if I didn't pay $1,095.87, the police was going to come to my house and arrest me and take me to jail.”

“…wont give me company name and he tried to cuss me out…”

 Just to be clear, these are not collectors trying to collect legitimate debts. Most of the complaints on our forums, and to the IL AG involve consumers who either never took out a payday loan, or who may have initiated one but never actually secured the loan. In some cases, the "collector" has detailed information about the victim – such as name, address and Social Security number – which makes the debt appear to be real.

Here's what to do if you get a call like this:

  • Ask the collector for  the name and address of the collection agency for which he or she works. Then ask him to send you written information about the debt.  Any legitimate debt collection agency will do this because it's required under the federal Fair Debt Collection Practices Act.
  • If the caller won't give you this information, hang up. If a phone number is available through caller ID, report the call on our forums and to your state attorney general and the FTC.
  • Don't let one of these companies scare you into making payments if you're not sure you owe the debt. In most cases, collectors must first take you to court and get a judgment before they can go after your wages or property. (If you live in Minnesota, though, read this warning.)

By the way, you can't be arrested simply because you can't afford to pay a debt. (Warning, though, there are cases where consumers are jailed in connection with debts because they failed to appear in court after a summons was issued.)

The Illinois Attorney General’s office says the bogus debt collectors they’ve heard about use a variety of names, including: Morgan & Associates, Federal Bureau of Investigators, DNR Recovery, DNI Recovery, Legal Accounts Association, Department of Law and Enforcement, CashNet USA, America Legal Services, Quick Cash, and ACS. If you hear from any of those companies, be sure to report them immediately to your state Attorney General’s office and the Federal Trade Commission.

And share your experience with us on the Credit.com forums

Image: Abu Badali


Gerri Detweiler – Personal finance author and Credit Advisor for Credit.com, Gerri contributes budgeting, debt recovery and savings information online. She is also the co-author of a new ebook, Business Credit Success: Get on the Financing Fast Track.

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