- Report: #932609
Report - Rebuttal - Arbitrate
Complaint Review: Cash Call
Cash Call1600 South Douglass Road Anaheim, California United States of America
Cash Call Western Sky, Cash Call Inc, Great Sky Finance, Lakota Cash, Red River Ventures, Western Sky Financial, LLC, Four Seasons Cash The same company with many names. Read Pending Lawsuit by FTC Anaheim, California
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Government ActionsColorado Attorney General Release
- Colorado Attorney General John Suthers announced today that his office has filed a lawsuit against Western Sky Financial, a South Dakota-based online lender, and its principal, Martin A. Webb, for making unlicensed, high-interest loans to Colorado consumers.According to the lawsuit, filed in Denver District Court, the company made more than 200 loans to Colorado consumers since at least March 2010, during which time it was not licensed with the state. The loans to ranged in
value from $400 to $2,600 and had terms ranging from seven months to 36 months. The loans' annual percentage rates ranged from 140 percent to 300 percent. Under Colorado's Uniform Consumer Credit Code, lenders making subprime loans must be licensed with the Office of the Attorney General. Because Western Sky Financial made loans with interest rates
higher than 12 percent, it must be licensed. The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.On 3/7/12, the FTC released that it expanded its case against Payday
Financial, LLC charging that it sought to unfairly and deceptively manipulate the legal system and force debt-burdened consumers throughout the country to travel to South Dakota and appear before a tribal court that did not have jurisdiction over their cases. The amended complaint was filed in the U.S. District Court for the District of South Dakota Central Division on March 1, 2012. The amended complaint names as defendants Payday Financial, LLC, Great Sky Finance, LLC, Western Sky
Financial, LLC, Red Stone Financial, LLC, Financial Solutions, LLC, Management Systems, LLC, 24-7 Cash Direct, LLC, Red River Ventures, LLC, High Country Ventures, LLC, and Martin A. Webb.In its amended complaint, the FTC charged that South Dakota-based payday lender Payday Financial, LLC suits against customers are unfair and that its contract language about the court where such suits would be brought is deceptive.
When customers fall behind in their payments, Payday Financial, LLC improperly files suits against them in the Cheyenne River Sioux Tribal Court, attempting to obtain a tribal court order to garnish their wages, the amended complaint alleges. The tribal court does not have jurisdiction over claims against people who do not belong to the Cheyenne River Sioux Tribe and who do not reside on the reservation or elsewhere in South Dakota. The amended complaint also seeks civil penalties for alleged violations of the FTC's Credit Practices Rule where the company and its owner Martin A. Webb and several others named as defendants pitch short-term, high-fee, unsecured payday loans to consumers on television and the Internet. This case is pending. For updates or further details concerning this case, please contact the Federal Trade Commission.The
following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.After the Federal Trade Commission filed an action in U.S. district court, a payday lender that allegedly attempted to illegally garnish consumers' wages has agreed to stop the challenged conduct pending trial. On September 6, 2011, the FTC filed a complaint
for permanent injunction and other equitable relief in US District Court, District of South Dakota, Central Division, that alleges that Payday Financial, LLC, doing business as Lakota Cash and Big Sky Cash, along with other defendants, illegally attempted to garnish consumers' wages without obtaining a court order, to collect payments on payday loans. As a result, the defendants illegally revealed consumers' supposed debts to their employers and deprived consumers of their right
to dispute the debts or make payment arrangements, the FTC alleges.According to the FTC, defendant Martin A. Webb operates Payday Financial, LLC, and several related businesses in Timber Lake, South Dakota. The defendants offer short-term, high-fee, unsecured payday loans of $300 to $2,525 to consumers throughout the country, advertising on television
and through websites such as www.bigskycash.com and www.westernsky.com The FTC complaint alleges that when a consumer does not pay back a payday loan on time, the defendants send documents to his or her employer that
mimic those used by federal agencies collecting debts owed to the government in an attempt to garnish the consumer's wages. Under federal law, the government can directly require employers to garnish wages for debts it is owed without a court order. But private creditors must obtain a court order before garnishing a debtor's wages. The complaint charges the defendants with violating the FTC Act by:
? misrepresenting to employers that the defendants are legally authorized to garnish an employee's wages, without first obtaining a court order;
?falsely representing to employers that the defendants have notified consumers about the pending garnishment and have given them an opportunity to dispute the debt; and
?unfairly disclosing the existence and the amounts of consumers' supposed debts to employers and co-workers without
the consumers' knowledge or consent.
The complaint further alleges that the defendants have violated the FTC's Credit Practices Rule by requiring consumers taking out payday loans to consent to have wages taken directly out of their paychecks in the event of a default, and have violated the Electronic Funds Transfer Act and Regulation E by requiring authorization for electronic payments from their bank account
as a condition of obtaining payday loans.The Commission vote authorizing the staff to file the complaint was 5-0. The FTC filed the complaint and a request for preliminary relief in the U.S. District Court for the District of South Dakota, Central Division on September 6, 2011. The complaint names as defendants Payday Financial, LLC, Great Sky Finance, LLC, Western Sky Financial, LLC, Red Stone Financial, LLC, Financial Solutions, LLC, Management Systems, LLC, 24-7 Cash Direct,
LLC, Red River Ventures, LLC, High Country Ventures, LLC, and Martin Webb. On September 7, 2011, the parties agreed to a stipulated preliminary injunction to immediately halt the alleged unlawful conduct, and the court accepted and entered the stipulated preliminary injunction. The FTC would like to acknowledge the assistance of the South Dakota U.S. Attorney's Office.This case is pending. For updates or further details concerning this case, please contact the Federal Trade Commission.
This report was posted on Ripoff Report on 08/25/2012 06:16 PM and is a permanent record located here: http://www.ripoffreport.com/r/Cash-Call/Anaheim-California-92806/Cash-Call-Western-Sky-Cash-Call-Inc-Great-Sky-Finance-Lakota-Cash-Red-River-Ventures-932609. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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