Complaint Review: CASH CALL - Internet

Bottom Line: It's how the law has been interpreted and the FDCPA doesn't apply. It's been tried and it's a dead-bang loser, and no company would engage in this business without checking out applicability of the FDCPA. If you wish to join the others that tried and failed.... your choice. These guys are scumbags, but they stay in business because people keep using them without understanding what in the world they're getting into. There are a few states where the FDCPA would apply that they do business in because they end up not being the direct lender - none of those states is CA.

Article 1.3 The Federal Standards May Apply to Original Creditors The California statute applies to the collection of debts by both original creditors and debt collection agencies. In contrast, the language of the federal statute limits its application and remedies almost exclusively to debt collection agencies. The activities of original creditors are (with certain exceptions) outside the scope of the federal statute. Hence, the coverage of the federal statute is not nearly as broad as the California statute.11 While the federal statute is written to only cover debt collection agencies and not original creditors, the practical effect of the federal statute changed on January 1, 2000. From and after that date, all creditors and debt collection agencies that are subject to the California statute are also subject to most of the standards of the federal statute. That means that businesses covered by the California statute (that is, both original creditors and debt collection agencies) must comply with the standards expressed in both the California statute and (with some exceptions) the federal statute, and, in case of violations, are subject to the remedies in both statutes.12 4. The debtor can require the collector not to contact the debtor at his or her place of employment. An original creditor or debt collection agency is not permitted to contact the debtor at the debtors place of employment if the collector knows that the debtors employer prohibits its employees from receiving communications from creditors at work.57 If that is the debtors employers policy -- that is, the employers rules or preferences -- it is important that the debtor inform the creditor or debt collection agency of that fact. In order that the debtor can prove it later, if necessary, it is desirable for a debtor to notify the collector in writing (although this is not legally required). The debtor also can specifically request that the collector not contact the debtor at work, even if the debtors employer does permits its employees to receive such calls (this right is discussed in paragraph 2, above). Article 3.3 What Rules Apply -- California or Federal? The federal statute and its remedies are written to apply only to the conduct of debt collection agencies and not that of original creditors. However, as a result of a California law that became effective on January 1, 2000, creditors that are subject to the California statute are also subject to most of the provisions of the federal statute.203 Hence, as a general rule, any original creditor or debt collection agency that is subject to the California statute is now subject to substantive standards and remedies in both the California statute and the federal statute. Where a rule only applies to debt collection agencies, the text in Part 2 uses the term debt collection agency instead of collector to describe who must comply. READ THE ENTIRE DOCUMENT AND FIGURE OUT WHAT APPLIES TO YOUR SITUATION WITH CASH CALL...THEY PUT THE "h" IN HARASSMENT!! dca.ca.gov/publications/legal_guides/dc_2.pdf

Sue - Cash Call made the loan direct to you, so they are a 1st party to the debt. 1st parties are exempt from the FDCPA..... People have been down this road - nowhere to go with the FDCPA

"CashCall's website isn't quite as informative, making no mention of the liquidity problem" "The site is down for routine maintenance. I also suspect the site is down because hundreds of complaints are flooding the CA Attorney Generals Office, FDCPA and CA Dep. of Corporations! click link for full story for Aug 23, 2007... www.latimes.com/business/la-fi-cashcall23aug23,0,7822902.story?coll=la-home-center - 4 hours ago - Similar pages

"CashCall's website isn't quite as informative, making no mention of the liquidity problem" "The site is down for routine maintenance. I also suspect the site is down because hundreds of complaints are flooding the CA Attorney Generals Office, FDCPA and CA Dep. of Corporations! click link for full story for Aug 23, 2007... www.latimes.com/business/la-fi-cashcall23aug23,0,7822902.story?coll=la-home-center - 4 hours ago - Similar pages

"CashCall's website isn't quite as informative, making no mention of the liquidity problem" "The site is down for routine maintenance. I also suspect the site is down because hundreds of complaints are flooding the CA Attorney Generals Office, FDCPA and CA Dep. of Corporations! click link for full story for Aug 23, 2007... www.latimes.com/business/la-fi-cashcall23aug23,0,7822902.story?coll=la-home-center - 4 hours ago - Similar pages

"CashCall's website isn't quite as informative, making no mention of the liquidity problem" "The site is down for routine maintenance. I also suspect the site is down because hundreds of complaints are flooding the CA Attorney Generals Office, FDCPA and CA Dep. of Corporations! click link for full story for Aug 23, 2007... www.latimes.com/business/la-fi-cashcall23aug23,0,7822902.story?coll=la-home-center - 4 hours ago - Similar pages

CALIFORNIA VICTIMS OF CASH CALL READ YOUR RIGHTS HERE (especially the areaa about phone calls and calling employment etc)...click below dca.ca.gov/publications/legal_guides/dc_2.pdf In this Legal Guide, the term debtor means a consumer who is a debtor. The term collector includes both original creditors and debt collection agencies. If a rule applies only to debt collection agencies but not original creditors, the term debt collection agency is used to describe the party that is subject to the rules. SUMMARY OF THE FAIR DEBT COLLECTION PRACTICES STATUTES The federal and California fair debt collection practices statutes, and the debt collection tort law, combine to promote reasonable, honest and fair debt collection practices by establishing enforceable minimum standards of conduct for debt collection. dca.ca.gov/publications/legal_guides/dc_2.pdf

Cash Call did not tell me of all the tiny fees they charge in a month, causing my bank acct to be overdrawn by two thousand dollars. Now, whom is going to pay for this? Keep up with the complants off here and let me tell you I am just waiting to take them to the cleaners just like they took us...

Cash Call did not tell me of all the tiny fees they charge in a month, causing my bank acct to be overdrawn by two thousand dollars. Now, whom is going to pay for this? Keep up with the complants off here and let me tell you I am just waiting to take them to the cleaners just like they took us...

Cash Call did not tell me of all the tiny fees they charge in a month, causing my bank acct to be overdrawn by two thousand dollars. Now, whom is going to pay for this? Keep up with the complants off here and let me tell you I am just waiting to take them to the cleaners just like they took us...

Cash Call did not tell me of all the tiny fees they charge in a month, causing my bank acct to be overdrawn by two thousand dollars. Now, whom is going to pay for this? Keep up with the complants off here and let me tell you I am just waiting to take them to the cleaners just like they took us...

I might be nuts but in my thinking... You borrowed money knowing it was at 99+% interest rate, haven't made payments and they are bugging you. I don't see any lawsuit winning because you and everyone else agreed to the interest rate and terms before you took the money and spent it.

The concept of "usury," a Biblical tradition that goes back 2,000 years, has been discarded by our government. Usury laws were meant to put a cap on exorbitant interest rates. Our "moral values" government in Washington is responsible for destroying this 2,000 year old religious tradition and a voting electorate that is too concerned with Paris Hilton or the latest scandal of the day is to blame for letting them get away with it. So what if there is a class-action lawsuit? This company has enough money to pay the fine. they'll pay it and then continue business as usual. The attorneys will take the vast chunk of any settlement amount. leaving the customers with maybe a $12 "refund." Sorry but this problem is bigger and more complex than a class action lawsuit and it's bigger than this one company. It involves multiple predatory lenders and payday loan companies who have taken full advantage of the post-usury lending marketplace. This is a political issue, which means that the American voting public and their elected "representatives" in Congress must ultimately remedy the situation. I'm not too optimistic about this scenario. I think I hear Gary Coleman laughing all the way to the bank.

Who are LR & O, how can I get into contact with them?

I checked Justia Docket Search. Here's what I found about this: James Galbert et al v. Cashcall Inc et al Plaintiffs: James Galbert, Richard Harris and Mark Kardos Defendants: Cashcall Inc, Paul Reddam and Does 1 through 10 Case Number: 8:2007cv00831 Filed: July 19, 2007 Court: California Central District Court Office: Southern Division - Santa Ana Office [ Court Info ] County: Orange Presiding Judge: James V. Selna Referring Judge: Robert N. Block Nature of Suit: Labor - Fair Labor Standards Act Cause: 29:201 Fair Labor Standards Act Jurisdiction: Federal Question Jury Demanded By: Plaintiff This lawsuit is about the FAIR LABOR STANDARDS ACT. My guess is Mr. Galbert is an employee or former employee of Cash Call. I think is is highly unlikely this suit is about the usurious loans CC makes or how CC treats its clients.