Complaint Review: Cash Call - Fountain Valley California

For the record, Gary Coleman was indeed convicted. Pleading "no contest' garners you a conviction for the crime. California has laws that keep creditors from harassing phone calls, calling people at work, make threats (extortion), so many of the things that Cash Call does. If you induce fear in order to extract money, it is extortion. It is my belief that this company operates outside of legalities, and I hope they get royally nailed!

Correction. Cash Calls primary shill, Gary Coleman, pleaded "no contest" to disturbing the peace after being charged with assault and was ordered to pay medical bills for punching a woman back in 1998 while he was honing his marketable skills working as a security guard. So I guess he's not convicted yet - my mistake - I should have checked. Also, he's pending further action for, guess what? Yup, a scuffle of some sort - he's been cited for disorderly conduct in Provo, UT on July 27.

Debbie, as you stated in your rebuttal, multiple calls by a creditor, even though you have asked the creditor to stop, IS NOT considered harassment by any law I know of. Allow me to explain. I owe you $100 balance on the lawnmower. You call me 3 times a day asking "may I have the money you owe me." I tell you not to call anymore. You keep calling. THIS IS NOT HARASSMENT BY YOU IN ANY U.S jurisdiction I know. I know of NO LAW whereas the creditor cannot contact ANYONE to attempt to receive payment. You may legally keep calling me, asking for the money, no matter HOW MANY TIMES I ask you to stop calling. As a matter of law in NY State, you can't be held for tresspassing for coming on my property and ringing the doorbell (to ask for your money) no matter how many times I tell you (verbally or in writing) to stay off the property. Further, I know of now court that would grant a restraining order against a creditor if the creditor is simply trying to collect payment (by simply I mean, politely - cussing, swearing, threats to self and property would be grounds for a restraining order.) Contacting a person to collect money owed is NOT considered harassment in any court (first party - the person doing the collecting is the person OWED the money) I know of. I try to stay on top of things around here because I have several rental units and when the rare occasion pops up I have to collect delinquent rent -and I do it politely and LEGALLY! HOWEVER, if you're calling me names, cursing my mother, threatening to come by the house and "stomp on me" - that's illegal! And I certainly would go to the county DA's office and file a criminal complaint. Harassment is illegal - but you have to know what the definition of harassment is under the law - that's the rub. Contacting and demanding payment, in and by itself, is NOT harassment. Otherwise Debbie, you would NEVER get that $100 I owe you because by your logic, I could simply tell you to stop calling and the next time you called, I'd have the sheriff arrest you for harassment. I know of NO LAW that denies the CREDITOR (not the DEBT COLLECTOR, as defined by the law) the opportunity to take any and all actions, including multiple contacts, to legally collect the debt. I don't like Cash Call one bit - c'mon, they used a convicted criminal, Gary Coleman as a spokesman for crying out loud, but for the life of me I can't find any laws that they are breaking - that's why they're still in business. If someone has been threatened by them, then they should go to their local county DA's office and file the appropriate criminal complaint. Hope this helps clear things up. I wish I knew what laws they might be violating but so far, all I can see is that the FDCPA and the Illinois CAA aren't them. Cash Call seems to cover its butt very well so far.

Regardless of whether or not CC has to follow the FDCPA, calling someone multiple times daily after being asked to stop is called harassment, and that is illegal, no matter who you are.

Cynthia. I found the CAA on the illinois government website. Here's the definition from the CAA as to what a collection agency is: 225 ILCS 425/2.02) (from Ch. 111, par. 2004) (Section scheduled to be repealed on January 1, 2016) Sec. 2.02. "Collection agency" or "agency" means any person, association, partnership, corporation, or legal entity who, for compensation, either contingent or otherwise, or for other valuable consideration, offers services to collect an alleged delinquent debt. (Source: P.A. 94414, eff. 123105.) As can be seen above, Cash Call doesn't fit the definition. They are a money lender (creditor) just as they are in the FDCPA. Now, here's the law which states whom the CAA DOES NOT APPLY (Please read this carefully so you will understand that the CAA of Illinois does not apply to Cash Call or other first party collectors just as the FDCPA does not): 225 ILCS 425/2.03) (from Ch. 111, par. 2005) (Section scheduled to be repealed on January 1, 2016) Sec. 2.03. This Act does not apply to persons whose collection activities are confined to and are directly related to the operation of a business other than that of a collection agency, and specifically does not include the following: 1. Banks, including trust departments thereof, fiduciaries, and financing and lending institutions (except those who own or operate collection agencies); 2. Abstract companies doing an escrow business; 3. Real estate brokers when acting in the pursuit of their profession; 4. Public officers and judicial officers acting under order of a court; 5. Licensed attorneys at law; 6. Insurance companies; 7. Credit unions; 8. Loan and finance companies; 9. Retail stores collecting their own accounts; 10. Unit Owner's Associations established under the Condominium Property Act, and their duly authorized agents, when collecting assessments from unit owners; and 11. Any person or business under contract with a creditor to notify the creditor's debtors of a debt using only the creditor's name. There may be some laws that CC is violating, but the FDCPA and your state of Illinois Collection Agency Act are NOT applicable. To take legal action against Cash Call, you, me, or anyone else will have to come up with the specific law, either local, state or federal, that they are violating. If I knew what law they might be violating I would certainly post it, and if anyone else knows what law, if any, they are violating I hope they will post the law as I have done.

Cynthia - CC is a money lender, not a collection agency - this is per the definitions in the FDCPA. I have 2 small businesses, when I attempt to collect I am a first party and the FDCPA does NOT apply to me. When I attempt to collect rent I can call anyone I wish - the FDCPA does not apply. Now, if I hire a collection agency (third party) to collect the rent, the COLLECTION AGENCY falls under the FDCPA, but I DO NOT. Just because I'm engaging in activity to collect does NOT make me a collection agency. I am a first party collector attempting to collect on a debt owed to me - not to someone else, which is what collection agencies do. The same principle applies to CC. They are a MONEY LENDER. Even though they have a "collection department" this does not change what type of business they are (money lender) and the FDCPA does NOT apply to them. Now if they were to hire a collection agency (third party) the COLLECTION AGENCY falls under the FDCPA. Cash Call, as I, is a CREDITOR when they attempt to collect on a loan. Please read the FDCPA - it's not very long and it is written in english, rather than "legalese." The rules and references you posted in your rebuttal repeated state "collection agencies." Cash Call is not a collection agency any more than I am in the eyes of the law. Any law that refers to "collection agencies" does not apply to Cash Call any more than it would apply to me or YOU if we are trying to collect money owed to us (example: I still owe you $100 for a lawnmower I purchased from you and you keep calling me asking me for the money I owe you.) The FDCPA would NOT apply to you - it doesn't apply to Cash Call either. I hope this help clear up the matter regarding Cash Call and the FDCPA and other laws that deal with COLLECTION AGENCIES> I'm sympathetic to some folks who appear to have been harassed (threatened - that's illegal) by CC, but if anyone is contemplating a law suit against CC, the first order of business is to establish the grounds of the lawsuit - what specific law(s) (reference to chapter and verse) that they are violating and having the mean to prove it in court. (civil court: preponderance of evidence, criminal court: beyond reasonable doubt.) This is why I ask folks "What would be the grounds for a lawsuit?" So far, I have yet to see someone answer that question - and it MUST be answered before any lawyer is going to be willing to file a suit in any court.

Cash Call has a collection department as well as a legal department they DO have to follow federal as well as state laws where the consumer resides ( since this is where they are calling / contacting you !) State law supercedes federal in collections !! this is some information from my state.... What Collection Agencies Cannot Do Collection agencies have often used unfair and abusive measures to collect debts. For that reason, the federal and many state governments have passed laws to help consumers who are victimized by collection agencies. Such laws include the federal Fair Debt Collection Practices Act and the Illinois Collection Agencies Act. These laws give you certain rights to stop collection agencies. These laws also allow you to sue them for money if collection agencies violate the laws. This section tells you about your rights and what you should do if you are being harassed or abused by a collection agency. They Cannot Call You (or Your Spouse, Parent or Guardian): At unusual or inconvenient places or times (before 8:00 a.m. or after 9:00 p.m.) If they know that you are represented by an lawyer At work, if you tell the agency knows or it has reason to know that your employer prohibits such calls If you notify them in writing that you refuse to pay or that you want them to stop communication with you. (Note: if you write such a letter, the creditor can use other methods to collect the debt, such as filing a lawsuit against you. Also, the collection agency can tell you what the creditor intends to do to collect). Click on the link below to go to an interview that will automatically prepare your letter for you. Please answer the interview questions accurately and carefully to make sure that your letter will be correct. You may then print the letter and send it to the collection agency. Letter to Ask Collection Agency to Stop Contacting You Prohibited Contacts with Third Parties Third parties are any other persons besides you and the creditor. For example, your employer is a third party, or your neighbor. Without your consent or a court order, a collection agency is prohibited from contacting or communicating with third parties about you or your debt, as follows: The collector can contact others to locate where you are or to enforce a court judgment against you, but not for any other reason; A collector cannot tell third parties that you owe any debt; A collector cannot contact third parties without identifying him/herself, and, if asked, the collector must say who the collector is working for; A collector cannot send to any third party a postcard or use any language or symbol on an envelope that indicates they are engaged in debt collection; A collector cannot contact a third party more than once, unless requested to do so by that person or unless the collector reasonably believes the earlier response of the third person is erroneous or incomplete and that the person now has correct or complete information about where you are located; A collector cannot contact a third party to get "location" information about you after learning that you are represented by an attorney. Prohibited Harassment or Abuse A collection agency cannot harass or abuse you. Examples of the kinds of harassment or abuse which is forbidden include the following: Using or threatening to use violence or other criminal means to harm you or your reputation or property Using obscene, profane or abusive language Publishing a list of consumers who refuse to pay debts, or advertising your debt in any way Causing the phone to ring repeatedly or other annoying, abusive or harassing behavior over the telephone, or calling you without identifying who is calling Prohibited False or Misleading Statements Collection agencies are forbidden to make false or misleading statements in any letter or other paper they send to you or in any conversation. Examples of statements which may be false or misleading include: Saying that they are associated with the government in some way, or in any other way misrepresenting who they are. It is illegal to make their documents look like court papers or look like any other official documents in order to scare you; Giving false or misleading information about the nature of your debt, or its amount, or its legal status. For example, they cannot tell you that they have a court judgment against you when they do not; Telling you that you will owe the collection agency money for their collection services. "Service charges" or other such fees are illegal; Stating or implying that any of their communications are from an attorney, when they are not; Falsely stating that you can be arrested or put in jail. You cannot be jailed for failing to pay a debt, unless you are found in contempt of court for willfully failing to pay when are financially able to do so; Threatening to take any action that cannot legally be taken or that is not intended to be taken. For example, they cannot say that they will come and take your property unless the law allows them to take the property AND they actually intend to take it; Falsely stating or implying that you have committed a crime. Prohibited Unfair Practices Certain types of practices by collection agencies are unlawful. These include: Collecting any amount not authorized by law or by your agreement with the creditor Asking for, accepting or depositing a post-dated check from you Making you pay any charges for their contacts, such as collect phone calls or telegram fees communicating with you by postcard or using any language or symbol on an envelope which indicates or implies that it is from a debt collector ***threatening to contact your neighbors or employer to get personal information about you or to discuss your debt or to make any sort of investigation other than to find out where you are What a Collection Agency Must Do Besides avoiding doing the unlawful things discussed above, there are several things every collection agency must do for your benefit in order to stay within the law. Failure to do these things is unlawful. A Collection Agency Must Send You A "Validation of Debt" Notice The collection agency must send you a certain notice, in writing, within five days of its first contact with you. This notice must tell you the amount of money you owe and the name of the creditor to whom the debt is owed. It must also notify you that if you do not dispute the debt within 30 days, the debt will be assumed to be valid. This does not prevent you from later disputing the debt. The notice must tell you that if you write back disputing the debt within 30 days, the collection agency will have to prove that you owe what they say you owe. This notice must also tell you that if you ask, the collection agency will give you the name and address of the original creditor. If You Dispute the Debt If you dispute the whole debt claimed or a part of it within the 30 day period, then the collection agency must stop collection of the debt, or any disputed portion of it. It cannot resume collection until it gets verification of the debt or a copy of a court judgment and mails those things to you. If, within the 30 day period, you request the name and address of the original creditor, the collection agency must stop collection activity until they mail that information to you. The "Purpose" Statement In the first written communication with the consumer, and first oral communication that comes before it, the collection agency must state: "This is an attempt to collect a debt and any information obtained will be used for that purpose". If this statement is not made at those times, the collection agency is breaking the law. In all future communications, the debt collector must indicate that it is from a debt collector. In the first written communication sent to the consumer, the statement usually, but not necessarily, appears at the bottom of the document.

Cash call doesn't violate the FDCPA. If you read the entire text of the FDCPA, as I have done, you will know this. The FDCPA does NOT apply to Cash Call because CC is what's called a "first party" when they attempt to collect. CC is not a collection agency, they are a money lender - a usurious one, but a money lender just the same. Any civil action against CC has to have some basis or grounds for the law suit - doesn't matter if it's a private civil suit or a "class action" suit, it's still a civil suit. Usually there is some fraud or blatent violation of law - so far, whenever I ask "what would be the grounds for a law suit?" all I get are personal attacks. Anyone can file a suit - winning a judgement is a different matter. So, if anyone is contemplating a lawsuit against CC, start ticking off specific laws (that apply to them) that they are violating and strategize a method of proving it in court.

Okay, first I would just like to address the individuals who have nothing better to do than get on here and try and rip apart the people who filed the report. If you cannot get on here and do anything other than add to their frustrations and woes, then don't bother getting on here and saying anything at all. They already know that they signed a contract. They already know that there are certain things that they cannot get out of. They do not need you to remind them of that. And unless you have had an experiance with Cash Call, then keep your mouth shut about the company and their contracts. Because you don't know what it is like to be harassed by their customer service department, or their skip tracing department on a daily basis. Now, to get down to the meat of this post. My wife and I have been fighting with Cash Call for a little over a month now. We don't even have a payment due yet, and they are already blowing up our phones several times a day. And when I say phones, I mean our house phone, and both of our cell phones. They even went as far as to have somebody in their "Skip Tracing" department call my wife at work. And when I say numerous times a day, after counting the number of times they've called today alone, only on our house line, it is now 3:16pm EST, and they have already called seven times. Seven different people, all of whom I have told to stop calling. All of whom hung up on me. And each time they call, something different appears on our Call I.D. Sometimes I get an 877 number, other times I get a Private Name/Private Number message, and just recently, I started to get numbers from Las Vegas and Westminster, California. Now, I know there is nothing anybody can do about the interest rate and what not. There is however, something that can be down about their collection pratices. As I stated, we don't even owe a payment yet. It isn't due until August 1st. They are simply calling because they say that my wife never completed some sort of an "New Customer Orientation" call or something along those lines. They want to go over the terms and conditions with her, yet she has already gone over them when the paper work was filed with the account representative. And if they are calling this much over something this stupid, then I can only imagine what it would be like if you we actually owed them money. I am currently putting a block on my checking account so that they will not be able to draft our first payment when it becomes due. Along with that, I am searching for a lawyer who will handle, at the very least, a harassment suit against Cash Call. I also think that all of you should know, the guy who started and owns Cash Call is one of the guys who started and owned LendingTree.com. LendingTree.com kicked him off of their board of directors and eventually ran him out of the company all together because of his collection methods. They stated that he was too predatory and that he was a liability to the company, and a lawsuit waiting to happen because it was only a matter of time before somebody reported him for violating the FDCPA. Well, he has now violated the FDCPA in numerous fashions, and his company is going to get what is coming to them. I will keep everybody posted on the progress of my search for a lawyer. Hopefully I will be able to turn this into something much bigger than just my wife and I.

Cash Call lists their interest rates on their website - you select your state and the table changes to show the loan offerings and interest rates. Nothing predatory about this - and it's legal in all but a few states. It's usurious, but not predatory or illegal in most states.

I can't believe that you all are going to blame this person who has obviously been ripped off by this company. I understand that when a loan is taken out the borrower must sign a promissory note agreeing to the terms expressed in the loan. Despite the facts at hand...Cash Call has to be breaking Predatory Lending compliance or debt collection compliance via harrassing/intimidating phone calls. Also just as another side note, the lending being done by Cash Call is being funded and probably through some kind of hidden company structure is owned by the First Bank of Delaware. An FDIC insured financial institution. I piece of garbage financial institution if you ask me. The bottom line is that if you want to get back at this company you should go to the heart of the First Bank of Delaware. It is amazing that whoever is running that bank can sleep at night offering products such as this and even more amazing that federal and state regulations have so many holes that these loans are legal.

Donna, When you applied for the loan with CashCall, didn't you sign a promissary note? Of course you did. And if you go to their website, they also tell what the rate is for each state before you apply. So how in god's name did you not know they would charge 96% interest (99.25% APR)? A $2600 loan for 42 mos. at 96% interest is $216.55 a month (according to CashCall). So, $216.55 x 42 mos.= $9095.10!! Not anywhere near your payoff amount. Not unless they had a disclosure for early payoff. Suicide is very extreme. The worst they could've done is sued you for the borrowed amount. Even then they'd still have to make payment arrangements. However, they could still charge interest, just not that high. Most states have caps on interest for judgments. If you didn't pay that you might have your wages garnished, but only 25% of your disposable income. A Cease & Desist letter would've stopped them from harrassing you. If you can't read or understand the fine print or if you don't have an agreement in writting....stop! You can't blame the other party for something you agreed to. It's just best of everyone stayed away from these types of legal loan sharks. There are other avenues that can help you when you need it, you just need to know where to look.

Suicide is usually never the better course of action. People do remove themselves from the problem, but they are often not the problem alone. No, no, you should have tracked down someone responsible for your suffering and made them or their family suffer in turn. That is one intelligent alternative to suicide. Why go emo when you can make people fear you? I'm God, and this has been 60 Minutes.

I agree this is a rip off. I also fell for the lure of quick money after 4 months of getting no where with the payments I payed the balance of the loan in full with a lesson learned that lesson was never to ever do business with cash call ever again. I am thankful that the money was there when I needed it but there is a fine line between helping a consumer and sucking all the blood from your body. (cash call) you guys are blood-sucking ticks and I hope Gary Coleman never gets work ever again for endorsing you monsters.

Did you not sign a contract?? If you did [which I am sure you did] the contract supercedes ANY verbal agreement....EVEN IN NV! How did you come up with 96% interest? Without knowing what part of the $1047 is late fees and what is interest, you paid a total of 28.7% more than you borrowed. [1047 is 28.7% of 3647]. Suicide? Please! It's just money. Change your phone#, that will stop the calls. Suicide is a little extreme I think. You obviously had a reason for using these people opposed to a regular bank or credit card, right? It's all about choices. ps...96% [APR] would be: Based on a 12 month repayment>> 2600 borrowed divided by 12 months= 216.66 principal + 208.00 interest on the first month= 1st payment of $424.66 and you would never pay it off on a monthly basis at 96% APR. 96%APR = 8% per month on the unpaid balance. 2600 borrowed,