Report: #63316

Complaint Review: National Magazine Exchange

National Magazine Exchange and National Magazine Exchange ripoff by extortion, to a minor Florida

Reported By:

— Lake Forest California
Submitted:

Thu, July 10, 2003
Updated:

Sat, August 16, 2003

National Magazine Exchange

Florida

Florida

U.S.A.
Phone:
Category:

Corrupt Companies

*Consumer Suggestion: California Law A company canot enter into a contract with a minor verbal or written *UPDATE Employee: To Your Request (by Mr. Employee) *UPDATE Employee: To Your Request (by Mr. Employee) *UPDATE Employee: To Your Request (by Mr. Employee) *UPDATE Employee: To Your Request (by Mr. Employee) *UPDATE Employee: Minors and the Law *REBUTTAL Individual responds: Attempts to resolve with NME and Collectors! *Consumer Suggestion: Here's what to do now. *UPDATE Employee: you are correct that is a very rude collection agency *UPDATE Employee: you are correct that is a very rude collection agency *UPDATE Employee: you are correct that is a very rude collection agency *UPDATE Employee: you are correct that is a very rude collection agency *Consumer Suggestion: I believe (!) the case is now closed - we shall see

My 16 1/2 year old daughter has just called Tate and Kirlin Associates in connection with a COLLECTION note she has received from them on behalf of the above company for a total of $164.44. All the information this company has on my daughter is correct, including her cell no.

They say she ordered 4 years worth of magazines back in April of this year. They say she lied about her age to do this. I contend that she would not have had the guts to do it since she knows that our financial situation is dire at the best of times.

However, at that time we did have another teenager living with us who has left a deliberate trail of destruction for us to sort out. I know that my daughter would not have used her cell phone for this call, her minutes are sacred and we have a perfectly good house phone where the calls are free.

Gilbert Rodriguez at Tate & K, then refused to talk to my daughter since she is under 18 and demanded to speak to me, her mother. He verbally threatened to crucify her credit record before she becomes 18 for non payment of the above.

I asked him to stop the magazines being mailed from now, and also requested the price of the magazines from April to now, thinking I may be able to pay this, even though it was not actually my own daughter that had ordered them. He said that this could not be done since a contract had been entered into on the phone and someone had lied about their age! Then he softened the blow by asking for $82.22, half the total cost, i.e. 2 years of magazines which we have not ordered, nor want.

He was hustling me all of the time, in a very threatening
manner - I told him I would make a decision in the
future about what I would/not do and go from there.
More threats from him. I put the phone down on him!

Can anyone offer any further advice for dealing with this disreputablecompany (according to web site reports) and also managing the collection agency please?

Sue, Lake Forest, CA

Sue
Lake Forest, California
U.S.A.

13 Updates & Rebuttals

Sue

Lake Forest,
California,
U.S.A.

I believe (!) the case is now closed - we shall see

#14Consumer Suggestion

Fri, August 15, 2003

Kimberly from NME, I followed your instructions and talked to Richard in your Cust. Serv. Dept. I told him I wanted contract cancelled, he said 3 years, collection people had said 4! He asked me for $25 since NME had paid up front, I said it was illegal; null and void because girls are under 18.

He was pleasant and gave me a cancellation #.
I told him collection agents are rude, ignorant
and not a good company to have represent NME, if
in fact NME wants a better image generally - he thanked me.

Called collection hustlers and spoke with Rodriguez - put on hold, one word, hold, hold, hold, then spoke to someone else - they were playing with me like a cat with a mouse. So I adopted more rapid,strict,dictatorial tone, gave him account #, daughter's name, and cancellation # from NME, he asked for no further information. I then asked to be transferred to the "cattle auctioneer", Keisha, on her extension, dead silence! So I called back.
Got through to her extension spoke to a man instead by the name of Steve. She was not in
today! However, I proceeded to give him all of
the same information I had given Rodriguez,
but Steve had the sense to ask me to validate
who I was: name, address, phone no. etc.

I sincerely suggest that anyone else that has
similar problems, just follow the advice I have
been given, do not pay, call the appropriate
people and be very very stern with them - do
not let them take the "upper hand". I will
still send letters by Certified Mail to all
involved including the Attorney General. If
you are not strong enough/unable to do this yourself, then get someone who is to do it
for you.

Don't enter any free sweepstakes without knowing the full implications - nothing is free!

Kimberly

Clearwater,
Florida,
U.S.A.

you are correct that is a very rude collection agency

#14UPDATE Employee

Fri, August 15, 2003

Sorry you got the Sales Department here is the number to the Customer Service Dept 1-800-235-3623 they are the ones that handle cancellations etc. And they would be able to verify if it was cancelled or not. I'm not sure how a Debt Collector could have the right/ability to cancel it themselves since they are an independent company (even if it should be cancelled).

Secondly, you are correct that is a very rude collection agency or representative at the very least. I would definitely be writing about/to them regarding the situation. No one deserves to be treated that way not even those who are delinquent which you obviously aren't. Please do Contact NME regarding this collection agency as well since they definitely want to have the right companies representing us.

Kimberly

Clearwater,
Florida,
U.S.A.

you are correct that is a very rude collection agency

#14UPDATE Employee

Fri, August 15, 2003

Kimberly

Clearwater,
Florida,
U.S.A.

you are correct that is a very rude collection agency

#14UPDATE Employee

Fri, August 15, 2003

Kimberly

Clearwater,
Florida,
U.S.A.

you are correct that is a very rude collection agency

#14UPDATE Employee

Fri, August 15, 2003

April

Waldorf,
Maryland,
U.S.A.

Here's what to do now.

#14Consumer Suggestion

Wed, August 13, 2003

I can almost gaurentee that this account was not cancelled. In fact, if you call them again, you'll find that out. This is one of the reasons there are suits filed against NME. My suggestion, send a copy of these letters to your Attorney General, they'll love to see what other laws NME are breaking.

Sue

Lake Fores,
California,
U.S.A.

Attempts to resolve with NME and Collectors!

#14REBUTTAL Individual responds

Tue, August 12, 2003

I called the number for NME, variety of companies
for one number, got through to sales, put on hold, then cut off - what a surprise - NOT!

The witch at the collection agency has been
calling my daughter on her pre paid cell,
from PA to CA! I called her on the regular
home 'phone to tell her to stop - she would not
stop talking AT me. I asked her to shut up for
a minute and listen. She asked to speak to my
daughter, I said "no" since this is not allowed
since prior collector said it is illegal since
daughter is under 18! Then she demanded money
and said she had tapes of daughter's voice.
Told her deal is null and void, against the law
because of age and it is not even my daughter!
She verbally harrassed me yet again. Told her to
be quiet and listen for a second. Attempted to
repeat law to her - mid flow she interrupts and
says "it will be cancelled and that I am a bad
mother, with a very bad daughter!" Hope she
got her satisfaction from this.

I will be sending two separate Certified Mail
letters, 1 to NME stating facts and other to
the 2 "oh so rude" debt collectors (that would
make better cattle auctioneers) at the debt
collection office. I wonder if this will indeed
be the end of this? Any comments gratefully
accepted.

Greg

Largo,
Florida,
U.S.A.

Minors and the Law

#14UPDATE Employee

Tue, August 05, 2003

Let's try to tackle this in steps.

First, someone, possibly your daughter or her unruly friend called in to the NME sweepstakes.
NME has a strict policy of no sales to minors, the sweepstakes mailer even states "Must be 18 to enter". Didn't read the mailer, right?

Second, even if a Minor does order magazines, they can call-in and cancel because the Law allows Minors to void a contract while still a Minor. So you can call the NME Customer Service number and cancel.

Third, Tate and Kirlin Associates is a Collection Agency not NME. NME does not specifically condone these types of collections tactics. Contact NME Customer Service to resolve this, forget the Collection Agency.

Fourth, NME records every verbal transaction digitally and Customer Service can review and verify if your daughter misrepresented her age.

Last, Minors, be careful misrepresenting your age, this is the kind of trouble it can cause.

mr. employee

Miami,
Florida,
U.S.A.

To Your Request (by Mr. Employee)

#14UPDATE Employee

Fri, July 11, 2003

Dear Sue

I want to say that I am sorry that you are going through this. I still work for the company but I want you to know that I am very upset with the company and am willing to help you in any which was I can. Unfortunely I will not be able to release my name to you but all the info that you would need and like I can give to you. Because I know how hard it is to get the correct information when you need it. But I am willing to help you.

I am sorry that I can not give you my name but anything that I can help you with please feel free to ask. This company has gotten to the point thatI am sitting here giving out all the info that I can for you.

And I don't care what they think if they read this. If I can help 1 person on this site then at least I know that i have done a REAL job for today or tomorrow or whenever. So if you have any questions please drop me an email and I will get in contact with you A.S.A.P.

Yours truly

mr. employee

Miami,
Florida,
U.S.A.

To Your Request (by Mr. Employee)

#14UPDATE Employee

Fri, July 11, 2003

mr. employee

Miami,
Florida,
U.S.A.

To Your Request (by Mr. Employee)

#14UPDATE Employee

Fri, July 11, 2003

mr. employee

Miami,
Florida,
U.S.A.

To Your Request (by Mr. Employee)

#14UPDATE Employee

Fri, July 11, 2003

Kent

Sandy,
California,
U.S.A.

California Law A company canot enter into a contract with a minor verbal or written

#14Consumer Suggestion

Thu, July 10, 2003

According to California Law A company canot enter into a contract with a minor verbal or written and not knowing her age does not matter ignorance is no excuse in the eyes of the law if they are acknowledging she is the one who ordered it.

if they try to put it on her credit they would be in violation of the fair credit act first off she is a minor that makes the whole thing null and void its illegal check your local statute

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