Complaint Review: Allfi, Inc (dba Allfi Solutions) and Frank Shreyberg - Brooklyn New York
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- Author Confirmed
- Allfi, Inc (dba Allfi Solutions) and Frank Shreyberg 3052 Brighton 1st Street, Suite 501 Brooklyn, New York United States
- Phone: 888.624.9566
- Web: www.allfisolutions.com
- Category: Loan
Allfi, Inc (dba Allfi Solutions) and Frank Shreyberg Allfi Solutions robo dialing telemarketer scammers Brooklyn New York
*Author of original report: Update
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I was called by Allfi, Inc (dba Allfi Solutions) in April 2016. I told Gene, the sales agent that I was on the national do not call registry at donotcall.gov and to put me on the internal do not call list as well as send me a copy of their do not call policy.
Then I was called again and again that same month. I kept telling them to stop.
In October 2017, Frank Shreyberg, the CEO of Allfi, hired an company to robo-dial cell phones, ask a half dozen "pre-qualifying" but complex questions about credit, revenue, loan programs, etc and then there was a "live transfer" of the call to Mark Anthony at Allfi. It was a bad connection so he called me back on his direct line. When the live transfer happen, Allfi had a message that stated that they were recording the call. However, when Mark Anthony called back, there was no such disclosure (which is required in California PC section 632.7)
Allfi is a notorious and constant violator of the TCPA (47 USC section 227(b)). I heard from a friend of mine, Jeff Hansen, that the US Supreme Court made a ruling on January 20, 2016 in a case called "Gomez" that when companies hire other companies to do their dirty work, then they are still responsible for the bad acts. He said this was called vicarious liability under federal common law.
Frank Shreyberg then called me directly after I complained. One would think that this would be a good thing. NOPE. All he did was threaten me, belittle me and then he engaged in extortionate threats. Wow! This is no way to run a business in the United States. And shame on Allfi for exporting American jobs to third world country boiler rooms filled with non-law-abiding telemarketers.
I have not met a single person yet to likes getting telemarketing calls.
I did a little research myself and found that telemarketers are supposed to registered with the California Department of Justice and post a $100,000 bond. Neither Allfi nor their telemarketing agent have registered. The fee is only $50. But failure to registered is a serious violation of the law. See California Business and Professions code section 17511.9.
If you have been called by Allfi, please message me. I have a lot of info on them now. Yelp is such an awesome web page and an amazing service to let us communicate like this and help us all save a headache, or two.
Allfi is also violating RICO by using the wires of the US to promote their common plan or scheme. You cans sued them civily under 18 USC section 1964(c) and get triple damages and mandatory attorney fees. Shreyberg admitted to me on a recorded call (he said he was recording it at the beginning) that he fully knew that violation 47 USC section 501 of the TCPA was a criminal act and that he does it every day. Wow!
In 2014, the 9th Circuit in Gomez v. Campbell-Ewald Co. (9th Cir. 2014) 768 F.3d 871, 878, regarding TCPA vicarious liability held:
“[t]his interpretation is consistent with that of the statute's implementing agency, which has repeatedly acknowledged the existence of vicarious liability under the TCPA. The Federal Communications Commission is expressly imbued with authority to "prescribe regulations to implement the requirements" of the TCPA. 47 U.S.C. § 227(b)(2). As early as 1995, the FCC stated that "[c]alls placed by an agent of the telemarketer are treated as if the telemarketer itself placed the call." In re Rules and Regulations Implementing the TCPA of 1991, 10 FCC Rcd. 12391, 12397 (1995).
More recently, the FCC has clarified that vicarious liability is imposed "under federal common law principles of agency for violations of either section 227(b) or section 227(c) that are committed by third-party telemarketers." In re Joint Petition Filed by Dish Network, LLC, 28 FCC Rcd. 6574, 6574 (2013). Because Congress has not spoken directly to this issue and because the FCC's interpretation was included in a fully adjudicated declaratory ruling, the interpretation must be afforded Chevron deference. Metrophones Telecomm., Inc. v. Global Crossing Telecomm., Inc., 423 F.3d 1056, 1065 (9th Cir. 2005) (citing Nat'l Cable & Telecomms. a*s'n v. Brand X Internet Servs., 545 U.S. 967, 980-85, 125 S. Ct. 2688, 162 L. Ed. 2d 820 (2005)) (other citations omitted), aff'd, 550 U.S. 45, 127 S. Ct. 1513, 167 L. Ed. 2d 422 (2007)” See alsoRestatement (Third) of Agency (2006) §§ 2.01, 2.03, 4.01 (explaining that agency may be established by express authorization, implicit authorization, or ratification)."Lawyer Ethics
As Judge Easterbrook of the Seventh Circuit recently explained in a TCPA case regarding calls to a non-debtor similar to this one:
The Telephone Consumer Protection Act...is well known for its provisions limiting junk-fax transmissions. A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered--and routing a call to voicemail counts as answering the call. An automated call to a landline phone can be an annoyance; an automated call to a cell phone adds expense to annoyance.
Soppet v. Enhanced Recovery Co., LLC, 679 F.3d 637, 638 (7th Cir. 2012).Craig v. County of Los Angeles (1990)
The FCC also recognized that “wireless customers are charged for incoming calls whether they pay in advance or after the minutes are used.” In re Rules and Regulations Implementing the Tel. Consumer Prot. Act of 1991, CG Docket No. 02-278, Report and Order, 18 F.C.C. Rcd. 14014, 14115 ¶ 165 (2003).
Standing is proper under Article III of the Constitution of the United States of America because Plaintiff’s claims state:
A valid injury in fact;
which is traceable to the conduct of Defendants;
and is likely to be redressed by a favorable judicial decision. See, Spokeo, Inc. v. Robins, 578 U.S.____(2016) at 6, and Lujan v. Defenders of Wildlife, 504 U.S. 555 at 560. In order to meet the standard laid out in Spokeo and Lujan, Plaintiffs must clearly allege facts demonstrating all three prongs above.
The “Injury in Fact” Prong.
Plaintiff’s injury, in fact, must be both “concrete” and “particularized” in order to satisfy the requirements of Article III of the Constitution, as laid out in Spokeo (Id.). For an injury to be “concrete,” it must be a de facto injury, meaning that it actually exists. In the present case, Plaintiff was called on his cellular phone at least five (5) times by Defendants. In fact, Plaintiff expressly informed Defendants to cease and desist from all future telemarketing on the very first call. Such calls are a nuisance, an invasion of privacy, and an expense to Plaintiff in multiple ways. Soppet v. Enhanced Recovery Co., LLC, 679 F.3d 637, 638 (7th Cir. 2012). Defendant’s invasion of Plaintiff’s right to privacy is further exacerbated by the fact that Plaintiff’s phone number, at all times relevant to this litigation, was on the National Do-Not-Call Registry ( hereinafter, “DNC Registry”). As well, Plaintiff had no prior business relationship with Defendants prior to receiving the seriously harassing and annoying calls as well as the extortionate threats by Prosperify. All of Plaintiff’s injuries are concrete and de facto. For an injury to be “particularized” means that the injury must “affect the plaintiff in a personal and individual way.” Spokeo, Inc. v. Robins, 578 U.S. ___ (2016) at 14. In the instant case, it was Plaintiff’s phone that was called and it was Plaintiff himself who answered the calls. It was Plaintiff’s personal privacy and peace that was invaded by Defendant’s persistent phone calls using an ATDS and a pre-recoded message, despite Plaintiff having no prior business relationship with Defendants and Plaintiff’s attempt to avoid the damage by registering his number on the DNC Registry. Finally, Plaintiff alone is responsible to pay the bill on his cellular phone, his home phone and to pay the bill for his electric utility company kilowatt-hour power usage. All of these injuries are particularized and specific to Plaintiff and will be the same injuries suffered by Plaintiff.
The “Traceable to the Conduct of Defendants” Prong
The second prong required to establish standing at the pleadings phase is that Plaintiff must allege facts to show that his injury is traceable to the conduct of Defendants. In the instant case, this prong is met by the fact that the calls to Plaintiff’s cellular phone and home phone (land line) were placed either by Defendants directly, or by Defendants’ agent at the direction of Defendants.
The “Injury is Likely to be Redressed by a Favorable Judicial Opinion” Prong
The third prong to establish standing at the pleadings phase requires Plaintiff to allege facts to show that the injury is likely to be redressed by a favorable judicial opinion. In the present case, Plaintiff’s Prayers for Relief include a request for damages for each call made by Defendants, as authorized by statute in 47 U.S.C. § 227. The statutory damages were set by Congress and specifically redress the financial damages suffered by Plaintiff. Furthermore, Plaintiff’s Prayers for Relief request injunctive relief to restrain Defendants from the alleged abusive practices in the future. The award of monetary damages and the order for injunctive relief redress the injuries of the past and prevent further injury in the future. Because all standing requirements of Article III of the U.S. Constitution have been met, as laid out in Spokeo, Inc. v. Robins, 578 U.S. ___ (2016), Plaintiff has standing to sue Defendants on the stated claims.
“…[C]ourts in the Ninth Circuit have held that "allegations of nuisance and invasions of privacy in TCPA actions are concrete" injuries that establish standing. See Mbazomo v. ETourandtravel, Inc., 16-CV-2229-SB, 2016 U.S. Dist. LEXIS 170186, 2016 WL 7165693, at *2 (E.D. Cal. Dec. 8, 2016); Cabiness v. Educ. Fin. Sols., LLC, 16-CV-1109-JST, 2016 U.S. Dist. LEXIS 142005, 2016 WL 5791411, at *5 (N.D. Cal. Sept. 1, 2016); Juarez v. Citibank, N.A., No. 16-CV-1984-WHO, 2016 U.S. Dist. LEXIS 118483, 2016 WL 4547914, at *3 (N.D. Cal. Sept. 1, 2016); Hewlett v. Consolidated World Travel, Inc., 16-713 WBS AC, 2016 U.S. Dist. LEXIS 112553, 2016 WL 4466536, at *2 (E.D. Cal. Aug. 23, 2016); Cour v. Life360, Inc., 16-CV-00805-TEH, 2016 U.S. Dist. LEXIS 98945, 2016 WL 4039279, at *2 (N.D. Cal. July 28, 2016); Booth v. Appstack, Inc., No. 13-1553JLR, 2016 U.S. Dist. LEXIS 68886, 2016 WL 3030256, at *7 (W.D. Wash. May 25, 2016). In Mbazamo, the court held that a violation of the TCPA represents a concrete injury because "[t]he history of sustaining claims against both unwelcome intrusion into a plaintiff's seclusion and unceasing debt-collector harassment are squarely 'harm[s] that [have] traditionally been regarded as providing a basis for a lawsuit.'" Mbazomo, 2016 U.S. Dist. LEXIS 170186, 2016 WL 7165693, at *2 (quoting Spokeo, 136 S.Ct. at 1549-50). The court declined to follow Romero, explaining that Romero "improperly erodes the pleading standard set under Fed. R. Civ. P. 8(a) . . . . A plaintiff [need only] plausibly tie the alleged acts of the defendant to the alleged harms suffered." Id.
Similarly, in Cabiness, the court held that a violation of the TCPA represents a concrete injury because "[e]every unconsented call through the use of an ATDS to a consumer's cellular phone results in actual harm: the recipient wastes her time and incurs charges for the call if she answers the phone, and her cell phone's battery is depleted even if she does not answer the phone . . . . unsolicited calls also cause intangible harm by annoying the consumer." Cabiness, 2016 U.S. Dist. LEXIS 142005, 2016 WL 5791411, at *5 (internal citations omitted). And in Juarez, the court held that the plaintiff's allegation "that he received repeated unwanted calls that caused him aggravation, nuisance, and an invasion of privacy, is sufficient to allege a 'concrete' and 'particularized' injury that establishes standing under Spokeo." Juarez, 2016 U.S. Dist. LEXIS 118483, 2016 WL 4547914, at *3.
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#1 Author of original report
Update
AUTHOR: Anton - (United States)
SUBMITTED: Monday, June 11, 2018
Update #1:
I am the original poster who published the review about AllFi. I want to provide an update, since in the internet world oftentimes the outcome of an issue is not clear. I am happy to report that this issue has been completely resolved. AllFi contacted me to address my complaint and as it turns out, there was a misunderstanding and this company did not call me at all! We spent some time talking and I was impressed by how professionally they handled the matter. It was a very productive conversation. Extremely professional and courteous people.
Update # 2
AllFi was founded in 2015 with a vision to simplify business funding and provide flexible and efficient commercial financing solutions to small and medium sized businesses. AllFi helps businesses grow to achieve their full potential by providing access to funds when needed. As a full-service business financial solutions provider, AllFi caters to its clients with a broad range of products that include: Business Loans, Business Credit Lines, Term Loans, SBA Loans, Merchant Cash Advance, Equipment Financing, Invoice Factoring, and other funding solutions. AllFi helps clients achieve their commercial goals by creating specially tailored funding solutions, including construction financing, development loans, acquisition loans, and bridge financing. Clients receive ongoing support and actionable advice for the life of their business. Businesses change—as do their financing needs—and the best financing structure today may be inadequate tomorrow. We will work with you to establish a review cycle and ensure that you remain efficiently capitalized.
AllFi received a positive rating for its commitment to business remediation and customer satisfaction program. A program that benefits the consumer, assures them of complete satisfaction and confidence. AllFi has made a serious commitment to 100% customer satisfaction, so that customers can feel safe, confident, and secure when they choose AllFi. AllFi meets quality standards which include a commitment to make a good faith effort to resolve any consumer complaints. Consumers can feel safe confident and secure when doing business with AllFi.
We are grateful for the ongoing support from our existing clients and committed to continued growth through market share and industry awareness. We are determined to work in conjunction with our clients, partners, and vendors in the interest of sharing mutually rewarding and beneficial results across the board. While working with AllFi, our business owners feel confident in our knowledge and experience within the finance industry, along with the honesty and integrity that comes with working with our dedicated staff of professional business consultants.
We are dedicated to customer satisfaction and our mission to help business owners and their companies grow and gain access to the working capital they need to take their businesses to the next level. We owe what we’ve become today to hard work, integrity and above all else, our valued group of small business customers to whom we are extremely grateful for the opportunity to be of service. We have worked with hundreds of business owners, both big and small, to take advantage of opportunities that access to capital can provide. Over the years, we have gathered valuable feedback that has helped us evolve into who we are today. Continued improvement is the cornerstone of our foundation. We constantly strive to adopt the latest and most advanced technology in order to improve upon our existing systems and processes. Significant time and investment has been implemented to create one of the more technologically advanced CRM systems, underwriting platforms, and partner protocols to increase speed, performance and pricing throughout our funding process for the benefit of our consumers. We currently have the capacity to fund transactions within 24 hours of approval. We are dedicated to the customer experience and long-term relationships which provide mutual benefit to both our business owners and our organization. Some notable highlights include:
Financial Consulting – Speak directly with our loan specialists over the phone or via text or email to determine which type of financing is best suited for your business.
Flexible Loan Programs – Our engineered funding platform analyzes your business and provides options within minutes, allowing you to pick the best terms and payments. We have a program available for virtually every financial situation.
No-Cost/No- Obligation Offers – Submit your application to see the most competitive rates and terms available for your business. No pressure. No commitment. The decision is yours to make as no one knows your business better than you do.
Largest Network of Lenders – Our proprietary funding exchange allows you to simply submit your application, we underwrite your file, and gather the most competitive offers through our network of funders within the exchange, allowing them to compete to provide your business the lowest rates and terms the market has to offer.
In every circumstance, AllFi will make every effort to ensure the best possible approval terms for business owners. In the event an uncollateralized financial product is unattainable, we may facilitate loan options with real estate or equipment utilized as collateral to get an approval. The repayment options are much more flexible in comparison to those offered by traditional banks and funding institutions.
In 2008, new regulations were put in place to help stabilize the banking industry amid the worst global financial crisis since the Great Depression. Unintentionally however, these new regulations put a virtual stranglehold on business’ access to working capital. With big banks turning down the vast majority of loan applicants, the founders of AllFi recognized that small business owners, more than at any other time in history, needed a consistent and reliable source of capital they could trust. Specializing in quick, affordable and effective financing solutions, AllFi can customize the ideal financial product to best fit your short and long-term business goals, providing you with the working capital to meet your business needs—so that you can spend your time doing what you do best: finding new customers, running the day to day and growing your business to its maximum potential.
Term Loans – AllFi offers you a range of unsecured business loans. We may be able to get you funding even if you lack collateral or have a poor or scant financial history. Once your business loan is approved, one of our helpful representatives will contact you to review your available loan term options. You select the option that best fits your company’s needs and budget.
Lines of Credit – Offers maximum flexibility. Borrow money as needed and pay interest only on the portion of money borrowed, with no prepayment penalty. Affordable minimum monthly repayments - you decide how quickly to repay. In a competitive market, your business needs the financial flexibility to seize business opportunities or handle sudden emergencies as they arise. Obtaining a line of credit should be a goal for every business owner. Once set up, the credit line is there whenever you need it. Using a business line of credit is an excellent way to build your credit score. If you make timely payments, your credit can increase dramatically. Improving your credit score can lead to a larger credit limit and a lower interest rate.
Small Business Administration loans – U.S. government-guaranteed small-business loans with low interest rates and long-term repayment schedules. SBA loans are for financially healthy borrowers. Many businesses qualify if they have a credit score of at least 680, have been in business for at least two years, or have business management and industry experience. Must operate within the U.S. in an approved industry as a for-profit business and be a small business as defined by the SBA. Plan to purchase commercial real estate, you must occupy at least 51 percent of the space. Provide collateral, which is not required but is helpful. While an SBA loan may be a good fit for some businesses, applying can be an intrusive and lengthy process.
Merchant cash advance – Benefits include: easy, fast, transparent, secure. Receive a lump sum advance. Most small businesses qualify. A merchant cash advance is not a loan and it won't appear on your credit report. It is a contractual agreement where you sell a portion of your future receivables to merchant cash advance providers. Whether you are newly-established or credit-challenged, our merchant cash advance program resolves your cash flow needs. A greater emphasis is placed on historical cash flows rather than credit score. Cost of capital is typically higher than a loan because of the lack of collateral. You agree to sell a specified portion of your future receivables at a specified discount. You also select how to pay out the receivables. We can withhold a small, fixed percentage of your future credit card receipts until the cash advance is completely paid off, or we can deduct a fixed amount each day from your bank account. After selecting the payment method and signing the merchant cash advance contract, you will receive a lump-sum cash payment in your business account within 24 hours. We’ve built a streamlined application that makes it easy to share information about you and your business. Our team of funding specialists will review your financial profile and get back to you within three hours. Once approved, you’ll receive an offer that clearly indicates the advance amount and terms. You can then expect to have the funds wired to your business bank account within 24 hours.
Accounts Receivable Financing - A/R financing is structured as a revolving line of credit that allows you to draw funds as needed with no prepayment penalty. Since you don't need to pledge collateral, you will be required to observe specific loan covenants that emphasize conservative debt service coverage and leverage ratios. You must submit a Borrowing Base Certificate monthly to demonstrate you have adequate resources to repay the credit line. Typically used for working capital, bridge financing, general refinancing, rescue financing, marketing, and operational expenses.
Equipment Financing and Leasing - We can provide financing for almost any kind of equipment your business needs to generate revenue, including: Medical and dental, fitness equipment, landscape equipment, printing equipment, commercial vehicles, industrial equipment, machine tool, heavy equipment, oil & gas equipment, agricultural equipment, logging equipment, computer hardware and software, restaurant and catering equipment, office furniture, telephone systems and more.
Invoice Factoring - Convert outstanding invoices into immediate cash. Receive up to 90% of the invoice value up front and the balance, less fees, when your customer makes the final payment. Factoring reduces your A/R administrative burden because we manage the sales ledger, send statements and make collections. This allows you invest your time building your client base instead of wasting time on paperwork and collections. Spot factoring and contract factoring available: You can select the factoring arrangements that help you the most.
Purchase Order Finance - Turn the purchase orders you’ve received from your business customers into capital you can use to pay your suppliers and complete the order. Provides up to 75% off the end customer sale price. Purchase Order Financing emphasizes the financial strength and creditworthiness of the company that has placed the order with you, and not on your business. This makes Purchase Order Financing an excellent option for startups and businesses with less than good credit. We provide either Letters of Credit or cash to secure the inventory, raw materials and supplies you need to fill the order.
Credit Card Processing Services - Customized Payment Acceptance Strategies. Enable your business to accept all major credit, charge and debit cards as a form of payment. Take advantage of our ability to provide you the lowest cost and best-in-class customer service for all your merchant services and credit card processing needs. We offer a no-cost evaluation to determine which credit card and digital payment processing solutions best fit your needs. We then customize a digital payment solution leveraging the world’s best technologies.
AllFi is dedicated to bringing you the best possible customer service in the commercial finance industry. We are dedicated to helping you grow your business and will strive to remain a trusted asset you can rely on to assist you with achieving all of your future financial goals for your business.
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