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Report: #817555

Complaint Review: upstate management service - buffalo New York

  • Submitted:
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  • Reported By: Arny1234 — Arlington Texas U.S.A.
  • Author Not Confirmed What's this?
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  • upstate management service 5140 main st buffalo, New York United States of America

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On 1/3/2011 I was left a message by Erika Rodgers who identified her self at a process server. The message stated that legal action was pending and I needed to contact. The person planning to pursue legal action. The person gave a number of 877-235-7624 reference number 1443-15. I contacted a Shawna who stated that she was with a legal firm called Upstate management and they are attorneys representing Cashnet. They gave information about a debt I owe and they were willing to not pursue legal action against me.

I asked if they had bought the debt from a previous collection agency the representative stated yes. I stated that if they were already going to serve that they had already filed the lawsuit. The representative stated that she was going to speak with an attorney. The representative came back after a few moments and stated that the attorney said that it had not. The representative stated that to avoid service I should pay a lump sum or six payments. I asked on numerous occasions if the company was a law firm and she stated that they were. I stated that I would get back to them in 24 hours.

As a retired police officer I did a brief investigation. I was able to find numerous complaints and a lawsuit out of a district court in New York that is pending and legal opinions have been given by the judge stating that they are debt collectors and must comply with the FDCPA. According to section 1692 of the act it states that a debt collection company may not threaten legal action. Upstate management is in clear violation of this act.

This report was posted on Ripoff Report on 01/03/2012 08:11 PM and is a permanent record located here: https://www.ripoffreport.com/reports/upstate-management-service/buffalo-new-york-/upstate-management-service-aka-upstate-debt-management-llc-fair-debt-collection-practice-a-817555. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
3Author
3Consumer
0Employee/Owner

#6 Consumer Comment

Upstate Management

AUTHOR: mikec - (United States of America)

POSTED: Thursday, March 29, 2012

I just filed with the FTC and PA AG's office.  These people did the same things to me, saying that they're going to serve me on a specific date, claiming to be a law firm, and saying that I'm charged with check fraud and breach of contract.  But they went a bit farther in my case and I have it on tape.  The guy who says he's going to serve me repeatedly claims to be calling on behalf of Dauphin county, where I live.  I immediately knew what I was dealing with so I called them out on their nonsense, but they're still calling.  any updates on litigation or class action status?

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#5 Author of original report

Upstate is a debt collection company

AUTHOR: Arny1234 - (U.S.A.)

POSTED: Saturday, January 14, 2012

Just FYI I hired the firm of Lemberg & associates out of Connecticut to handle my lawsuit against the firm. They have numerous names and offices in and around the Buffalo area. They are being sued in numerous states around the country. They are a debt collection company, however they purport themselves to be a law firm which is extremely illegal. So I am fowarding voicemails to my paralegal helping with the case and as in previous cases they will try to settle. So don't ignore them, fight them!

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#4 Consumer Suggestion

Ignore them; this is a scam

AUTHOR: Steve - (USA)

POSTED: Saturday, January 14, 2012

99% chance they are NOT a debt collection agency, just people trying to CON you out of money. This is a common scam. Check with the Federal Trade Commission and confirm they are legit (I bet they are not).  

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#3 General Comment

Upstate Debt management Harassing

AUTHOR: danielsholly - (United States of America)

POSTED: Saturday, January 14, 2012

This company keeps harrasssing me saying I will go to jail and they are attorneys they call my work and cell phone 10 times a day. They supposedly have a docket number for multiple fraud against me. I have no idea who this is from what I see on the computer this collection agency is violating our rights and can be sued for these unfair acts. I have reported to FTC and undergoing a class action lawsuit.

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#2 Author of original report

Lawsuit initiated

AUTHOR: Arny1234 - (U.S.A.)

POSTED: Tuesday, January 10, 2012

I retained an attorney experienced in FDCPA violations, and the lawsuit process has started. Seeing so many other who have been treated the way I was I wonder if a class action lawsuit would be beneficial to our cause.

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#1 Author of original report

Follow up calls

AUTHOR: Arny1234 - (U.S.A.)

POSTED: Thursday, January 05, 2012

On 01/04/2012 I received another call from Erica Rodgers who stated that she would serve me with some documents about a debt I owed. What was alarming for about 30 minutes was that the voicemail left stated my vehicles license plate and description. I think for others this may be a nerve racking situation, for me as a retired police officer it got the old cop juices flowing. I did some research and was able to find the name of the company making these calls. I also found the name of the owner and his wife.

I decided to call Upstate Management to see if they would continue to refer to themselves as a law firm. I called and the person who answered was Shawna. I called and started asking Shawna about my research showing they were a debt collection company. Shawna then stated, "hold on let me transfer you to an attorney". Who Shawna transfered me to was the director of operations. I asked him why I was not transfered to an attorney as Shawna had stated, he stated that there were no attorneys there.

After about ten minutes of back and forth on 15 usc 1692 from me and owing a debt by him we both gave up and said goodbye. So I have stopped counting the numerous violations of the FDCPA by Upstate Management. I really do not like the voicemail with my license plate strategy so I sit here on the day they stated they would show with my old set of cuffs and my brand new sig p250.

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