Complaint Review: Cashcall - First Bank & Trust - ANAHEIM California

STATE OF WEST VIRGINIA OFFICE OF THE ATTORNEY GENERAL DARRELL V. MCGRAW, JR. CONSUMER PROTECTION DIVISION 1-800-368-8808 or 304-558-8986 Press Release FOR IMMEDIATE RELEASE Contact: Normal Googel Phone: (800) 368-8808 Release Date: October 8, 2008 Attorney General McGraw Sues California-based Internet Lender for "Sham" to Avoid State Regulations In Predatory Loans Attorney General Darrell McGraw saw the irony, but not the humor, in CashCall's national ads featuring one-time child star, Gary Coleman, of the popular television show, "Diff'rent Strokes," exclaiming enthusiastically, "I love you CashCall" and "CashCall you're awesome." Today, McGraw's office sued the California-based Internet lender for pushing predatory loans with interest rates of up to 99% APR on West Virginia consumers least able to afford them. When consumers inevitably defaulted, CashCall unleashed a barrage of collection abuse and harassment, including threats to visit consumers at their place of employment and charge them fees for the trip according to numerous complaints filed with the Attorney General. "CashCall created a business model intended to fly under the protective radar of West Virginia laws that set limits on interest rates to protect consumers from financial calamity. It is these kinds of unregulated lending practices that have brought West Virginia consumers and the nation to a financial precipice. Today, my office has drawn a line in the sand in an effort to fill the void left by lax or non-existent federal regulation to protect our consumers from financial predators," Attorney General McGraw said. The complaint filed by McGraw's office today alleges that CashCall solicited consumers to take out high interest loans from Community State Bank, a state-chartered bank in Millbank, South Dakota. CashCall contends that because the bank is located in South Dakota, West Virginia's usury laws do not apply. Despite the paperwork listing the bank as the lender, CashCall does all the heavy lifting and, in fact, appears to assume the actual risk of the loans, which CashCall repurchases in full from the bank three days after the loans are funded. In addition to asking the court to find that CashCall's loans are illegal and to provide all aggrieved consumers with restitution, the suit asks that CashCall comply with the Attorney General's investigative subpoena. In response to the Attorney General's investigation, CashCall asserted that its business practices are exclusively regulated by federal law. CashCall also argued that the Attorney General is prohibited from even investigating the facts underlying CashCall's assertion that it is beyond state regulation. Any persons wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 1-800-368-8808, or by obtaining a complaint form from the consumer web page at www.wvago.gov.

Was this a loan that was given in the state of Indiana? If it was, then tru-u-u-u-u-u-u-u-u-u-u-st me, they have or had a license to do business in that state when the loan agreement was made. I knew the owner and despite whether you may like him or hate him, he is an extremely intelligent businessman!! Do you honestly think he would put his multi-million dollar empire at risk for a few loans in a state who's livestock population is greater per capita than its human population? I dont think so! I find this site hilarious! If you researched deep enough I bet you could probably find people crying 'ripoff' on Mother Teresa in here somewhere. How about just taking some responsibility for yourself and your actions and read any legal agreements youre signing! I'm not just talking about CashCall either. If you are a consumer and you for WHATEVER reason, dont like what you've done on your own free will, you cry ripoff! Bankruptcy boom a few years ago....Credit card disputes are at an all time high.....identity fraud claims are at an all time high...while I'm sure there are many valid claims the majority of these are just people not accepting responsibility for what they've done! Oh well,...I guess some people will just never own up!

Do a search of the License Database here: http://extranet.dfi.in.gov/dfidb/nondep.aspx State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300, Indianapolis, IN 46220 2007 Legislative changes Page 1 of 3 6/15/07 June 15, 2007 Consumer Sales, Leases and Loans 2007 Legislative Amendments to the Indiana Uniform Consumer Credit Code Effective July 1, 2007 Questions, Answers, and Administrative Interpretations 1. Do the provisions of the Indiana Uniform Consumer Credit Code (IUCCC) apply to out-of-state or Internet consumer credit sellers, lessors and lenders who solicit consumer loans, leases or loans with Indiana residents? Answer Yes, the territorial application section of the IUCCC has been amended to require consumer credit sellers, lessors and lenders who are regularly engaged in the extension of consumer credit to comply with the IUCCC if they solicit consumer sales, leases or loans with Indiana residents. A solicitation to an Indiana resident can occur by any means including by mail, brochure, telephone, print, radio, television, the Internet, or electronic means. In the case of out-of-state or Internet consumer lenders, a license to make consumer loans in Indiana must be obtained. [IC 24-4.5-1-201] 2. What remedy may be imposed if an out-of-state or Internet lender (with no Indiana office) violates the IUCCC by failing to obtain a license to make consumer loans in Indiana? Answer In addition to other remedies provided in the IUCCC, if an out-of-state or Internet lender (with no office located in Indiana) fails to obtain a license to make consumer loans, the loan is void and the debtor is not obligated to pay either the principal or loan finance charge. [IC 24-4.5-1-201(8)] This provision is consistent with the expansion of the territorial application to require licenses for out-of-state and Internet lenders who are regularly engaged in soliciting loans from Indiana residents. Under prior law applicable to out-of-state lenders, loans were void only if the out-of-state lenders had offices or agents in Indiana. [IC 24-4.5-5-202(2)] 3. When are annual renewals for consumer loan licenses due? Answer Consumer loan licenses must be renewed by December 31 of each year beginning in 2007 [IC 24-4.5-6-202(2)]. 4. Has the date for the annual notification for credit sellers and lessees also changed? Answer No, consumer credit sellers and lessors must still file their annual notification as of January 31. [IC 24-4.5-6-202(2)] State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300, Indianapolis, IN 46220 2007 Legislative changes Page 2 of 3 6/15/07 5. Have the additional charges permissible for consumer credit sales, leases or loans changed? Answer Yes, the maximum amount of the NSF charge has been increased from $20 to $25. With respect to revolving charge accounts, annual (but not periodic) participation fees may be charged if they are reasonable in amount; bear a reasonable relationship to the creditor's costs to maintain and monitor the charge account and are not assessed for the purpose of circumventing the IUCCC as determined by the DFI. Also, a fee not to exceed twenty-five dollars ($25) may be charged on a revolving loan account in each billing cycle during which the balance due under the revolving loan account exceeds by more than one hundred dollars ($100) the maximum credit limit for the account established by the lender. 6. When are creditors required to make refunds for credit insurance and Guaranteed Auto Protection programs and what are the consequences of failing to make refunds on a timely basis? Answer If a refund or credit for insurance or other additional charges is required under the IUCCC, it must be paid within sixty (60) days after the date the debt is terminated whether due to prepayment or otherwise. If the refund or credit is not made within the sixty (60) day period, the creditor must pay the debtor for each day after the expiration of the sixty (60) day period an amount equal to the daily interest at the contracted annual percentage rate on the amount of the refund. Also, the director may impose an additional civil penalty of not greater than one thousand dollars ($1,000) per occurrence if a creditor engages in a pattern or practice of failing to comply with the refund requirements. [IC 24-4.5-4-108(5)] 7. What new requirements have been imposed if a consumer loan secured by a mortgage on real estate is governed by the Alternative Mortgage Transaction Parity Act? Answer If a consumer loan secured by a second mortgage which has a balloon payment is made under the authority of the Alternative Mortgage Transaction Parity Act (12 U.S.C. 3802 et seq.), the note evidencing the mortgage must contain a reference to the applicable federal law. [IC 24-4.5-3-402] 8. What is the Automated Central Licensing System and Repository and will Indiana participate in it? Answer It is a nationwide licensing system for the residential mortgage industry being developed by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR). The licensing system will be a web-based system that will allow lenders and brokers to apply for, amend, update or renew a license using uniform forms from participating state agencies. The system is scheduled to begin operation on January 2, 2008. The Indiana General Assembly authorized the director of DFI to designate such a licensing system for use in Indiana. No final decision has been made as to whether Indiana will participate in this or any other licensing system. [IC 24-4.5-3-503(10) & (11)] State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300, Indianapolis, IN 46220 2007 Legislative changes Page 3 of 3 6/15/07] 9. What changes have been made to the periodic reporting to the DFI by consumer loan licensees and consumer credit sellers and lessors under the IUCCC? Answer The law now provides that every consumer loan licensee or consumer credit seller or lessor must notify the DFI if it or any of its executive officers, key shareholders and other owners, directors or other individuals who exercise supervisory responsibility are under indictment for a felony involving fraud, deceit, or misrepresentation or have been convicted of or pleaded guilty or nolo contendere to a felony involving fraud, deceit, or misrepresentation not later than thirty (30) days after the date of the event. [IC 24-4.5-3-505(4) and 24-4.5-6-202] 10. What consequences may occur if consumer loan licensees and consumer credit sellers and lessors fail to pay the costs of an investigation and/or examination conducted by the DFI? Answer Any costs required to be paid in connection with an investigation or examination must be paid not later than sixty (60) days after the person receives a notice from the DFI of the costs being assessed. The DFI may impose a fee, in an amount fixed by the DFI, for each day that the assessed costs are not paid, beginning on the first day after the sixty (60) day period. Examples of the records which are subject to examination include training, operating, and policy manuals; minutes of management and other meetings and other records that the DFI determines are necessary to perform its investigation or examination. [IC 24-4.5-6-106] 11. What are the civil penalty provisions available to the DFI for violations of IUCCC? Answer If the DFI determines, after notice and opportunity for hearing, that a person has violated the IUCCC, the DFI may, in addition to or instead of all other remedies available under the IUCCC, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation. [IC 24-4.5-6-113(3)]

the recordings are probably useless and you could be prosecuted and fined. You may think it is your right, but there are differing state laws, whether you call them or they call you, that require not only notification but in some states consent for the conversation to be recorded. It varies from state to state. Just double check to be sure you don't end up being the one jailed and fined. Good luck.

I have filed against the company for $6000.00. The law allows $1000.00 per violation.Sorry I cant tell you anymore .My Attorney has advised me no to comment anymore until im in court.I have a great case i have 5 witnesses and lots of recorded phone calls and letters.

But we still don't know why Cash Call would be calling you out of the blue. DO you have a loan with them? Did you promise to pay via Electronic Funds Transfer? Did you pay them? If not, how were you planning on paying them off? I think that IF you owe them money, you signed (probably electronically or you faxed papers to them) documents authorizing them to contact you in accordance with their rules and regulations. Good luck, let us know what happens, if you get out of this debt to Cash Call, and if you get $1000.

i filed civil action against cash call today for Violation of the fair debt collection act.Under the federal law you can file against any business that violated the laws laid down by the goverment $1000.00 per incedent. That means when they call after 9:00pm or before 8:00am or theycontact you at work when the debt collector knows thet the consumers employer prohibits the consumer from receiving such communications. section 806 Harrassment or abuse The use of obscene or profane language or language the consequence of which is to abuse the hearer or the reader.Keep all records of phone calls and and comunications from them. they are not allowed to harrasse or abuse you make them pay for there actions

i filed civil action against cash call today for Violation of the fair debt collection act.Under the federal law you can file against any business that violated the laws laid down by the goverment $1000.00 per incedent. That means when they call after 9:00pm or before 8:00am or theycontact you at work when the debt collector knows thet the consumers employer prohibits the consumer from receiving such communications. section 806 Harrassment or abuse The use of obscene or profane language or language the consequence of which is to abuse the hearer or the reader.Keep all records of phone calls and and comunications from them. they are not allowed to harrasse or abuse you make them pay for there actions

i filed civil action against cash call today for Violation of the fair debt collection act.Under the federal law you can file against any business that violated the laws laid down by the goverment $1000.00 per incedent. That means when they call after 9:00pm or before 8:00am or theycontact you at work when the debt collector knows thet the consumers employer prohibits the consumer from receiving such communications. section 806 Harrassment or abuse The use of obscene or profane language or language the consequence of which is to abuse the hearer or the reader.Keep all records of phone calls and and comunications from them. they are not allowed to harrasse or abuse you make them pay for there actions

i filed civil action against cash call today for Violation of the fair debt collection act.Under the federal law you can file against any business that violated the laws laid down by the goverment $1000.00 per incedent. That means when they call after 9:00pm or before 8:00am or theycontact you at work when the debt collector knows thet the consumers employer prohibits the consumer from receiving such communications. section 806 Harrassment or abuse The use of obscene or profane language or language the consequence of which is to abuse the hearer or the reader.Keep all records of phone calls and and comunications from them. they are not allowed to harrasse or abuse you make them pay for there actions

Did you receive a loan? Are you paying on it, and are you current? If not, why would you be taking all these actions to stop their collecting on the loan that you signed for? Please explain your position...