• Report: #132548

Complaint Review: Merchants Credit Guide Company

  • Submitted: Wed, February 23, 2005
  • Updated: Wed, March 01, 2006

  • Reported By:Portland Maine
Merchants Credit Guide Company
223 W. Jackson Blvd. #9000 Chicago, Illinois U.S.A.

Merchants Credit Guide Company habitual calling by two men from the company on a daily basis saying it's urgent for me to call Chicago Illinois

*Consumer Comment: "J"...Close...But NO cigar.

*Consumer Comment: "J"...Close...But NO cigar.

*Consumer Comment: "J"...Close...But NO cigar.

*Consumer Comment: "J"...Close...But NO cigar.

*Consumer Suggestion: DO THIS

*Consumer Comment: Jace...FYI... record ANY telephone conversation in which you are a speaking participant

*Consumer Suggestion: Not the best move, Michael

*REBUTTAL Owner of company: THEY ARE DEBT COLLECTOR'S

*Consumer Suggestion: Cheryl, DISREGARD the Do Not Call thing!, Heres what you REALLY need to do

*Consumer Suggestion: DoNotCall.gov

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These two men say it is not a sales or solitation call but that it is urgent that I get in touch with them. One is Ken Hughes the other is Chad Hayes.

Only Chad Hayes uses my full name. I don't know who to report these people to. I get atleast 1 call each day from each of them.

This has been going on for about 2 weeks now.

Cheryl
Portland, Maine
U.S.A.

This report was posted on Ripoff Report on 02/23/2005 04:52 PM and is a permanent record located here: http://www.ripoffreport.com/r/Merchants-Credit-Guide-Company/Chicago-Illinois-60606/Merchants-Credit-Guide-Company-habitual-calling-by-two-men-from-the-company-on-a-daily-bas-132548. 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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REBUTTALS & REPLIES:
0Author 9Consumer 1Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

"J"...Close...But NO cigar.

AUTHOR: Steve - (U.S.A.)

Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs.

The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash.

Doesn't work like that.

I have fought plenty of these cases.

The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh?

It's nice to post the real facts.
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#2 Consumer Comment

"J"...Close...But NO cigar.

AUTHOR: Steve - (U.S.A.)

Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs.

The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash.

Doesn't work like that.

I have fought plenty of these cases.

The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh?

It's nice to post the real facts.
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#3 Consumer Comment

"J"...Close...But NO cigar.

AUTHOR: Steve - (U.S.A.)

Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs.

The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash.

Doesn't work like that.

I have fought plenty of these cases.

The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh?

It's nice to post the real facts.
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#4 Consumer Comment

"J"...Close...But NO cigar.

AUTHOR: Steve - (U.S.A.)

Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs.

The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash.

Doesn't work like that.

I have fought plenty of these cases.

The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh?

It's nice to post the real facts.
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#5 Consumer Suggestion

DO THIS

AUTHOR: J - (U.S.A.)

Simply recite that they are in violation of the fair credit and collections act. Sections 804,805 and 806. Having been so notified there is a $10,000 penalty for each time they try to call you again.

Ask if they understand.
If there is no answer say; "I take it from your silence that you are familiar with the fair credit and collections act. This call has been recorded. ANy further calls to this number will invoke a fine of $10,000 with the FTC. I have your information. Goodbye."

then hang up
easy as that.

here is the link to the FCACA
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806
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#6 Consumer Comment

Jace...FYI... record ANY telephone conversation in which you are a speaking participant

AUTHOR: Steve - (U.S.A.)

You can record ANY telephone conversation in which you are a speaking participant, with or without consent of the other parties. I fought this battle once, and learned that is Federal Law.

Even in the states that have laws against recording without consent, they are basically unenforceable due to the conflict with federal law, and the penalty is not criminal, it is civil.

If you give someone notice of recording, and they stay on the line and keep talking, that is consent. They had a right to hang up.

I like to blow a police whistle in the ear of the crackhead collector.
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#7 Consumer Suggestion

Not the best move, Michael

AUTHOR: Jace - (U.S.A.)

You should know the laws of both the state you are in and the state from which the person is calling you before claiming that a call is being recorded, as this possibly subjects you to legal action.

Remember, a debt collector has legal remedies to collect unpaid debts. Calling day and night is not one of those remedies, as it's possibly a violation of the FDCPA. Since MCG will likely try to scare or bully you into paying the (time-barred) debt, I would only communicate with them in writing, i.e. request a validation of debt and file complaints with your state attorney general and FTC if they do not comply.
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#8 REBUTTAL Owner of company

THEY ARE DEBT COLLECTOR'S

AUTHOR: Michael - (U.S.A.)

THATS WHAT THEY ARE AND THEY WON'T STOP UNTIL YOU TALK TO THEM .

MAYBE YOU HAD AN OLD UNPAID BILL.

SPRINT NEXTEL. CREDITCARD BILL OR ANYTHING ELSE..

JUST TALK TO THEM AND BEFORE THEY SAY ANYTHING YOU TELL THEM THAT THIS PHONE IS BEING RECORDED EVEN IF IT;S NOT.

AND THEN YOU GO ON TELLING THEM HOW MAY I HELP YOU
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#9 Consumer Suggestion

Cheryl, DISREGARD the Do Not Call thing!, Heres what you REALLY need to do

AUTHOR: Steve - (U.S.A.)

Cheryl,

Forget the advice to list them on the Do Not Call list. That ONLY applies to TELEMARKETERS of the commercial type.

Merchants Credit Guide Co are NOT telemarketers. They are debt collectors, and of the worst kind! Debt buyers who purchase mostly old, time barred debts for less than a penny on the dollar!

They are major scumbags. They have total disregard for the law and the basic rights of debtors.

You need to send a "Cease Communications" request as per your rights under the FDCPA, which you really need to make yourself familiar with.

Go to BudHibbs.com to get a sample of a good letter to send, and also check the agencies to avoid section to see what you are dealing with.

DO NOT talk to them over the phone. Do NOT even answer the call. SEND THE LETTER right away, and do it by certified mail, return reciept requested, and be sure to put the certified# on the letter itself.

Hope this helps.
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#10 Consumer Suggestion

DoNotCall.gov

AUTHOR: James - (U.S.A.)

Just list the calls here...
https://www.donotcall.gov/Complain/ComplainCheck.aspx
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