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QUESTION: This Ara litigation law firm called my boyfriends mom left treating horrible message on voicemail for him they never tryed to contact him no mail no email no phone call no then.said if he did not remedy this they would get him for theft by deseption 2 counts of fraud if he didn't pay 600.they won't send proof said they didn't have to.they have all his personal info bank account job home relatives everything.account closed cause we after 2 late noticed deposits from 4 online payday loan companies which we have learned its the same company.bank did not do nothen so we just said close account this is a jock.no collection letters no emails from them so we could take care of at least what came into account.tell 3 days ago.but no then adds up and now they have our new account to I'm scared rob us blind.its a note mare.

ANSWER: Helo Deedee.  I really hate your boyfriend got involved with these bottom feeding thugs. Sometimes I think people would be better off to deal with a loan shark (not really).  According to the FDCPA (Fair Debt Collection Practices Act) this "law" firm can not threaten to do anything they do not intend to do nor things they can not do. They would have a very hard time proving deceptive practices or fraud in my opinion, but I am NOT an attorney..

The first thing your boyfriend needs to do is start a collection diary. He needs to document every call, letter and email. Document the date, time and with whom he was contacted by.  Any written correspondence needs to be sent by certified mail and he needs to retain a copy. The next step is let this "law" firm know that your boyfriend knows his rights under the law. Have him Google FDCPA and review the Act.  If he needs further explanation please send another question to me. The next step is to report this matter to Better Business Bureau, Consumer Affairs and your State's Attorney General.  If you tell me where you live, I will get the addresses for you.

It is too late this time, but encourage your boyfriend to never deal with these crooks.  If he has to file bankruptcy to get out of this then that is what he will need to do. I hardly ever recommend this, but it will be better than dealing with these thugs.

I wish you the best with this situation and please do not hesitate contacting me again if you need clarification on any information.  I hope you have a great day!

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QUESTION: The thing is these people tell 1yr later made attempts,refuse to give proof and say there client is bahamas marketing group which has several other names all numbers disconnected,mass scam all over about them.ara says there a litigation firm law office but refuse info at all.i asked for address said they dont give it out for their protection.we live in knoxville tn and i call attorney general they said call police.this is nitemare.they already took 80 im just beside myself

Answer
The FDCPA requires that the collector provide validation of the debt. The fact that they refuse to give you their address is proof enough for me that this is a scam.  You have closed your bank account.  Now I would change my phone number and wait for a summons. I'll bet you never receive one, but if you do, you will have all the information you need to take action against them. If their client is out of the country, I don't know of any steps they can take against you. Forget about it until you are forced to remember.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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