Re: Re: MagazineSolution scam.Need If they are trying to collect (including posting a TL on a CR report) on an account for which merchandise was never delivered, and the CA is close to or part of the OC, notify the DA, whether you decide to sue or not. They will probably fold since the risk and costs start looking like more than it is worth. They probably have other customers treated the same way they treated you. If it looks like fraud, treat it as such, and call it such. Do not give them the benefit of the doubt.
Re: Re: MagazineSolution scam.Need Since the CA and OC are in the same area, can you get information from either MailBoxes Etc. or city or county business license records showing that the two are the same entity, or have the same physical address? It may be that the OC may be hiding behind the CA to attempt to collect on "debts" that may not be legal under the OC's consent agreement. It would be interesting to sue both, have one show up claiming they had no liability (it was the other's fault) and be able to show that they were one and the same. What is their alternative? Not show up and get slapped with a default judgement? Also be aware of the following FDCPA sections: "... �§ 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this title. ..."
Re: Re: MagazineSolution scam.Need Welcome back, Col. K0rn! Glad to see you posting again. I agree--go after both of them. And call the DA, the state's attorney general, and report them to the FTC. Remember, the FTC deals with more than FDCPA and FCRA. They also go after fraudulent companies. Good luck!
Re: Re: MagazineSolution scam.Need Also keep in mind that they can threaten you with suit all they want - the underlying fact is that the OC never delivered the products ordered, which is a perfectly valid defense. And suing you makes countersuing the OC for fraud and the CA for FDCPA violations that much easier. And placing this (dispured) matter on your CRA file would bring an immediate FCRA suit by me because the goods were never delivered.
