2 Updates & Rebuttals Read More About : HOME LAW GROUP
Homeowners will be protected by a new Federal Trade Commission rule that bans providers of mortgage foreclosure rescue and loan modification services from collecting fees until homeowners have a written offer from their lender or servicer that they decide is acceptable.
“At a time when many Americans are struggling to pay their mortgages, peddlers of so-called mortgage relief services have taken hundreds of millions of dollars from hundreds of thousands of homeowners without ever delivering results,” FTC Chairman Jon Leibowitz said. “By banning providers of these services from collecting fees until the customer is satisfied with the results, this rule will protect consumers from being victimized by these scams.”
The FTC is issuing the Mortgage Assistance Relief Services (MARS) Rule to protect distressed homeowners from mortgage relief scams that have sprung up during the mortgage crisis. Bogus operations falsely claim that, for a fee, they will negotiate with the consumer’s mortgage lender or servicer to obtain a loan modification, a short sale, or other relief from foreclosure. Many of these operations pretend to be affiliated with the government and government housing assistance programs. The FTC has brought more than 30 cases against operations like these, and state and federal law enforcement partners have brought hundreds more.
Advance fee ban
The most significant consumer protection under the FTC’s new rule is the advance fee ban. Under this provision, mortgage relief companies may not collect any fees until they have provided consumers with a written offer from their lender or servicer that the consumer decides is acceptable, and a written document from the lender or servicer describing the key changes to the mortgage that would result if the consumer accepts the offer. The companies also must remind consumers of their right to reject the offer without any charge.
Disclosures
The Rule requires mortgage relief companies to disclose key information to consumers to protect them from being misled and to help them make better informed purchasing decisions. In their advertising and in communications directed at individual consumers (such as telemarketing calls), the companies must disclose that:
Companies also must explain in their communications to consumers that they can stop doing business with the company at any time, can accept or reject any offer the company obtains from the lender or servicer, and, if they reject the offer, they don’t have to pay the company’s fee. The companies also must disclose the amount of the fee.
Prohibited claims
The MARS Rule prohibits mortgage relief companies from making any false or misleading claims about their services, including claims about:
In addition, the rule bars mortgage relief companies from telling consumers to stop communicating with their lenders or servicers. Companies also must have reliable evidence to back up any claims they make about the benefits, performance, or effectiveness of the services they provide.
Attorney exemption
Attorneys are generally exempt from the rule if they meet all three conditions:
they are engaged in the general practice of law,
they are licensed in the state where the consumer or the dwelling is located,
and they are complying with state laws and regulations governing attorney conduct related to the rule.
To be exempt from the advance fee ban, attorneys must meet a fourth requirement –
they must place any fees they collect in a client trust account and abide by state laws and regulations covering such accounts.
FrankieRoboKiller
Orlando ,#2Consumer Comment
Mon, September 09, 2013
http://www.ftc.gov/opa/2012/11/robocalls.shtm
What To Do When You Get an Illegal Robocall;
http://www.ftc.gov/bcp/edu/microsites/robocalls
1. Hang Up. Do not press 1 or any other numbers to get off the list.
2. Consider blocking the number
3. Report it at http://www.fcc.gov/complaints
4. Report it at https://www.ftccomplaintassistant.gov
5. People should continually file complaints with their Attorney General’s office.
Register your phone numbers online at http://www.donotcall.gov or call (888) 382-1222 (must call from # you want removed).
The criminals behind this operation do not come to this site and even if they did they would have no intention of truthfully answering questions or removing someone that posts here.
I use this site to pass on information that I have gathered and hopefully it will give some insight into these criminal operations.
If you want to stop these calls then you need to dry up their revenue source.
These scum are making money by sending bogus Caller ID information to your phone company. Telephone numbers are Calling Name (CNAM) provisioned and stored in a special database accessible to other telecom utilities.
This means that for any outbound call that transmits a special code corresponding to one of their phone numbers, these criminals collect a fee for transmitting the caller ID information to the Local Exchange Carrier receiving the call. When you see a phone number in your caller ID (along with some name like Card Services), your phone company has to reimburse the caller for downloading that info from the database where it’s stored.
These fees are typically fractions of a cent per call however when these fees are aggregated across tens of millions of outbound calls per week, it amounts to significant money. Huge volumes of unsolicited telemarketing calls can drive significant revenue into the pockets of these scum sucking criminals. In return your phone company charges you a fee (it may be hidden or $5 to $15 on your phone bill). Since they only pay out a small portion of this fee this may have something to do with their inability to stop these calls.
In order to stop this we need legislation making it illegal for carriers to charge each other for caller ID. If a phone service wishes to operate it would need to provide the caller ID at no charge as part of the service. Here is the $50,000 solution that the FCC is looking for and it doesn't cost anything.
If someone makes the mistake of answering the phone and falling for their con then it is just icing on the cake for them. These people are the lowest form of filth on this planet.
Many of the disposable numbers come from Pacific Telecom Communications Group and they are currently under investigation and in the midst of various lawsuits. (The principles involved have been part of actions by the FCC under other business names). The Oregon Public Utilities Commission has revoked Pacific Telecom's certificate to provide telecom services in Oregon. Here is an excellent blog site that I found that explains how this company is getting away with this activity. http://telemarketerspam.wordpress.com
Who the suspects are:
http://www.ftc.gov/opa/2012/11/robocalls.shtm
http://www.ftc.gov/os/caselist/1223174
http://complaintwire.org/complaint/ipzhHRymJA ... gon-robo-dialer
http://telemarketerspam.wordpress.com/2012/08/30/fred-accuardi-and-illegal-telemarketing
http://latimesblogs.latimes.com/money_co/2011 ... -companies.html
http://www.bbb.org/west-florida/business-revi ... ter-fl-90107305
http://investing.businessweek.com/research/st ... vcapId=23957705
http://www.ocregister.com/articles/cox-353170-agency-companies.html
http://www.ftc.gov/os/caselist/0923193/index.shtm
http://articles.latimes.com/2011/nov/29/business/la-fi-lazarus-20111129
(((link redacted)))
http://www.consumeraffairs.com/debt/client_services_inc.html
(((link redacted)))
(((link redacted)))
http://www.state.ia.us/government/ag/latest_n ... fundraiser.html
(((link redacted)))
Most of the inbound robo call numbers are spoofed, as most of the bolierhouses, both off and on shore, are using Voip SIP Trunks services. Throwaway DID numbers are also used. Some of the robocalling is operated by the end use scammers directly. Others are contract services who earn a referral fee once you are transferred to the scammers.
How it works:
http://blog.usa.gov/post/30393077932/answering-your-questions-about-robocalls
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The criminals behind this operation aren't going to pay attention to you asking to be removed from their list. Their calls cost them nothing and they can make a million of them a day so they have no intention of ever removing someone. When you press a key to talk to them all that is accomplished is to verify that they have a working number.
If you are interested in obtaining useful tracking information on the callers, I suggest that you act very interested in the rate reduction scam, as you have multiple high interest cards with large balances or a terrible mortgage.
However, tell them that if they provide you with a verifiable number that you will then call them back and provide the info. Since many of the operatives work on commission they will provide direct contact numbers if they believe you are serious. Verified return phone numbers are an excellent tool in tracking the people behind the operations.
Robocalls are illegal unless you have given them prior permission in writing (not worded into some small print contract from a 3rd party) and are absolutely illegal to a cell phone.
The Telephone Consumer Protection Act permits individuals who have received certain unlawful telemarketing, such as junk faxes or telemarketing calls, to sue the violator in state courts where they may be awarded up to $1500 for each violation.
http://www.ftc.gov/bcp/edu/microsites/robocalls
http://www.ftc.gov/opa/2012/07/robocall.shtm
http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf
You can also try suing them in small claims court. This site has some information on how to proceed. (((link redacted)))
The Florida Attorney General’s Office filed lawsuits against:
Consumer Credit Group and Proactive Planning Solutions for violating Florida’s Do Not Call Law and Auto-Dialer Act known as the robo-call law. Both companies violated the Credit Service Organization Act and Deceptive Consumer Sales Act by not obtaining $25,000 surety bonds with the state and collecting money upfront without performing any services.
Debt Zero of California for collecting money up front, failing to provide services or a refund and operating without a $25,000 surety bond.
Clear One Advantage of Maryland and Credit Arbitrators of Texas for violating the Credit Service Organization Act and the Deceptive Consumer Sales Act by not obtaining the required surety bonds.
http://www.in.gov/activecalendar/EventList.as ... ation_id=107077
Arkansas sues robocallers:
http://www.arkansasonline.com/news/2012/aug/0 ... marketing-firms
Missouri sues robocallers:
http://www.legalnewsline.com/news/236974-kost ... nies-over-calls
Mississippi sues robocallers:
http://msbusiness.com/tag/telemarketing
FTC is sending refund checks to 4,468 consumers “who allegedly were defrauded by a telemarketer who used robocalls (prerecorded voice messages) to pitch worthless credit card rate reduction programs for an up-front fee.”
http://bbbconsumereducation.com/the-checks-in-the-mail-this-time-its-true
Proof that current laws mean nothing to these scum suckers. Civil action by the FTC against such criminals is totally ineffective. These criminals need to be charged with Federal Felonies and subjected to significant jail time. All of those involved know that they are violating FTC regulations. The FTC levies huge fines, then rescinds them based on inability to pay. The FTC settles for the minimal cash on hand, and enjoins them from future telemarketing. The criminals sign off, then go right back to business as usual. These same people under different companies have been sued in the past and have only paid a minimal fine. Here are just a few:
http://www.ftc.gov/opa/2011/12/roycox.shtm
http://www.ftc.gov/opa/2010/06/asiapacific.shtm
http://www.ftc.gov/opa/2012/03/asiapacific.shtm
http://www.ftc.gov/os/caselist/0923193/111219roycoxcmpt.pdf
http://www.ftc.gov/bcp/edu/microsites/donotcall/mediacenter.html
http://www.ftc.gov/opa/2012/02/afl_financial.shtm
http://www.ftc.gov/opa/2012/02/voiceblaze.shtm
http://www.ftc.gov/opa/2010/03/voicetouch.shtm
http://www.ftc.gov/opa/2009/05/robocalls.shtm
http://www.ftc.gov/opa/2009/12/robocall.shtm
http://www.ftc.gov/opa/2009/09/twi.shtm
http://www.ftc.gov/opa/2011/02/robocall.shtm
http://www.ftc.gov/opa/2009/05/robocalls2.shtm
http://www.ftc.gov/opa/2010/12/jpm.shtm
http://www.ftc.gov/opa/2010/08/voicetouch.shtm
http://www.ftc.gov/opa/2011/11/sonkei.shtm
http://www.ftc.gov/opa/2010/05/ams.shtm
http://www.ftc.gov/opa/2011/01/khalilian.shtm
http://www.ftc.gov/opa/2012/09/nelsongamble.shtm
Write your Congressmen and Senators. We need CRIMINAL penalties against the companies that are profiting from these calls. Follow the money, slap them in prison, no one left to outsource to overseas boiler rooms, problem solved.
senior case manager
Pompano Beach,#3UPDATE Employee
Thu, June 13, 2013
It has come to our attention that an anonymous posting has been made on this site stating that Home Law is not a legitimate Law Office and that we do not successfully modify loans for our clients.
The Law Office of Andrew Bresalier and Associates (DBA) Home Law is indeed a registered Florida Corporation and registered as such with the Florida Bar Association.
We have successfully modified thousands of qualified homeowners struggling with their mortgages and offer a service guarantee to all of our clients.
Below is a direct link to the Florida Bar where you can independently verify our credentials.
http://www.floridabar.org/names.nsf/0/6BF27F3BFDF90B6E85256AD300458895?OpenDocument