CashCallCashCall, Inc CashCall Promises to HELP those with problem credit but really endlessly hurts!!! Fountain Valley California

I'm an ex-employee of Cashcall so maybe I have a unique perspective on the situation.

What Cashcall does may be considered "morally or ethically" wrong, but it is not illegal. They email each new customer a copy of the loan document. At the top, in bold is the TIL, the Truth In Lending clause. It states, in bold, how much you are borrowing, how much the interest is, how long the loan is for, and, if you make the regular monthly payments, how much you will be paying back by the end of the loan. So, for instance, if you borrow $2600, by the end of the loan, you will pay back about $10,000.

If you agree to this, you are then liable for the full amount. Period.

If you do not read the agreement, but sign anyway, you are liable for the full amount.

If something untold happens, and you lose your job, your house, your car... you are liable for the full amount.

I think you see where this is going. Cashcall is a business. They are operating under the assumption that you will pay back the loan under the terms that you agreed to when e-signing the contract. Keep in mind, that is exactly what you are signing. A legally binding contract. If you refuse to pay, you can be taken to court and sued. And believe me, Cashcall will do it. You will likely be found guilty of breach of contract and steps will be taken to collect the amount owed. Action such as: your wages will be garneshied, or there will be a bank levy set against your account, meaning the County Sheriff will sweep the funds out of your bank accounts until the full amount has been satisfied.

That's the bad news.

Now for the "good" news. The company has a tendency to dance all over the FDCPA. the Fair Dept Collection Practices Act. Look it up online. Pay particular attention to the sections on "harrassment" (Section 805, I believe).

Repeated calls in a day to a contact number you gave is not illegal. Repeated "contacts" with you at that number, however, is. Meaning, they can call your cell, your home, or your work number 10, 11, 12 times a day until they actually make contact with you. Then, they cannot call you at that number again, until tomorrow, unless you give them permission.

According to the FDCPA, you can verbally request them not to contact you on your cell, or at your work number. You have to write to them to request the calls to stop at your home number. This does not mean the collection efforts will stop, only that they won't call you at those numbers.

They can call a "3rd party" to try to locate you one time. Only one time. After calling that number (provided they talk to someone) they can no longer call that number again. Unless you, or the person at that number gives them permission. If they continue to call neighbors or relatives to try to locate you, that is a violation of the FDCPA.

Violating the FDCPA can bring huge fines for the company AND the individual violating the code if it goes to court, which it probably won't. Remember, they are a corporation and they have bigger, more expensive lawyers than you. They can afford to drag this thing out.... you probably can't. The best you can possibly hope for is to have them work with you.

They DO have (or at least they did when I was there) departments that are set up to help with modifications and deferments. But you will likely have to jump through a couple of hoops first.

Remember, they are Goliath, but you probably aren't David. You don't have a rock big enough. This post was more to give you information than anything else. I left the company on good terms, and am not vindictive, but I do feel that the organization has a tendency to get carried away trying to meet their monthly collection goals.

You will have more luck trying to negotiate a deal at the end of the month than the beginning. If you're not getting what you want, ask to speak to a supervisor, but do it nicely, otherwise you'll get shuffled around. Ask specifically who you are talking to and get their extension, this can be used later if necessary.

Worst case scenario, do an end-around. Find out who works in human resources, or their training department. Call in and ask for these individuals and ask THEM to talk to a collections manager, since you will have more of a chance of getting transferred to someone higher up.

Remember though, for the most part, the law is on Cashcall's side. Do the best you can to work WITH them, not against them.

Good luck!

I'm an ex-employee of Cashcall so maybe I have a unique perspective on the situation.

What Cashcall does may be considered "morally or ethically" wrong, but it is not illegal. They email each new customer a copy of the loan document. At the top, in bold is the TIL, the Truth In Lending clause. It states, in bold, how much you are borrowing, how much the interest is, how long the loan is for, and, if you make the regular monthly payments, how much you will be paying back by the end of the loan. So, for instance, if you borrow $2600, by the end of the loan, you will pay back about $10,000.

If you agree to this, you are then liable for the full amount. Period.

If you do not read the agreement, but sign anyway, you are liable for the full amount.

If something untold happens, and you lose your job, your house, your car... you are liable for the full amount.

I think you see where this is going. Cashcall is a business. They are operating under the assumption that you will pay back the loan under the terms that you agreed to when e-signing the contract. Keep in mind, that is exactly what you are signing. A legally binding contract. If you refuse to pay, you can be taken to court and sued. And believe me, Cashcall will do it. You will likely be found guilty of breach of contract and steps will be taken to collect the amount owed. Action such as: your wages will be garneshied, or there will be a bank levy set against your account, meaning the County Sheriff will sweep the funds out of your bank accounts until the full amount has been satisfied.

That's the bad news.

Now for the "good" news. The company has a tendency to dance all over the FDCPA. the Fair Dept Collection Practices Act. Look it up online. Pay particular attention to the sections on "harrassment" (Section 805, I believe).

Repeated calls in a day to a contact number you gave is not illegal. Repeated "contacts" with you at that number, however, is. Meaning, they can call your cell, your home, or your work number 10, 11, 12 times a day until they actually make contact with you. Then, they cannot call you at that number again, until tomorrow, unless you give them permission.

According to the FDCPA, you can verbally request them not to contact you on your cell, or at your work number. You have to write to them to request the calls to stop at your home number. This does not mean the collection efforts will stop, only that they won't call you at those numbers.

They can call a "3rd party" to try to locate you one time. Only one time. After calling that number (provided they talk to someone) they can no longer call that number again. Unless you, or the person at that number gives them permission. If they continue to call neighbors or relatives to try to locate you, that is a violation of the FDCPA.

Violating the FDCPA can bring huge fines for the company AND the individual violating the code if it goes to court, which it probably won't. Remember, they are a corporation and they have bigger, more expensive lawyers than you. They can afford to drag this thing out.... you probably can't. The best you can possibly hope for is to have them work with you.

They DO have (or at least they did when I was there) departments that are set up to help with modifications and deferments. But you will likely have to jump through a couple of hoops first.

Remember, they are Goliath, but you probably aren't David. You don't have a rock big enough. This post was more to give you information than anything else. I left the company on good terms, and am not vindictive, but I do feel that the organization has a tendency to get carried away trying to meet their monthly collection goals.

You will have more luck trying to negotiate a deal at the end of the month than the beginning. If you're not getting what you want, ask to speak to a supervisor, but do it nicely, otherwise you'll get shuffled around. Ask specifically who you are talking to and get their extension, this can be used later if necessary.

Worst case scenario, do an end-around. Find out who works in human resources, or their training department. Call in and ask for these individuals and ask THEM to talk to a collections manager, since you will have more of a chance of getting transferred to someone higher up.

Remember though, for the most part, the law is on Cashcall's side. Do the best you can to work WITH them, not against them.

Good luck!

I'm an ex-employee of Cashcall so maybe I have a unique perspective on the situation.

What Cashcall does may be considered "morally or ethically" wrong, but it is not illegal. They email each new customer a copy of the loan document. At the top, in bold is the TIL, the Truth In Lending clause. It states, in bold, how much you are borrowing, how much the interest is, how long the loan is for, and, if you make the regular monthly payments, how much you will be paying back by the end of the loan. So, for instance, if you borrow $2600, by the end of the loan, you will pay back about $10,000.

If you agree to this, you are then liable for the full amount. Period.

If you do not read the agreement, but sign anyway, you are liable for the full amount.

If something untold happens, and you lose your job, your house, your car... you are liable for the full amount.

I think you see where this is going. Cashcall is a business. They are operating under the assumption that you will pay back the loan under the terms that you agreed to when e-signing the contract. Keep in mind, that is exactly what you are signing. A legally binding contract. If you refuse to pay, you can be taken to court and sued. And believe me, Cashcall will do it. You will likely be found guilty of breach of contract and steps will be taken to collect the amount owed. Action such as: your wages will be garneshied, or there will be a bank levy set against your account, meaning the County Sheriff will sweep the funds out of your bank accounts until the full amount has been satisfied.

That's the bad news.

Now for the "good" news. The company has a tendency to dance all over the FDCPA. the Fair Dept Collection Practices Act. Look it up online. Pay particular attention to the sections on "harrassment" (Section 805, I believe).

Repeated calls in a day to a contact number you gave is not illegal. Repeated "contacts" with you at that number, however, is. Meaning, they can call your cell, your home, or your work number 10, 11, 12 times a day until they actually make contact with you. Then, they cannot call you at that number again, until tomorrow, unless you give them permission.

According to the FDCPA, you can verbally request them not to contact you on your cell, or at your work number. You have to write to them to request the calls to stop at your home number. This does not mean the collection efforts will stop, only that they won't call you at those numbers.

They can call a "3rd party" to try to locate you one time. Only one time. After calling that number (provided they talk to someone) they can no longer call that number again. Unless you, or the person at that number gives them permission. If they continue to call neighbors or relatives to try to locate you, that is a violation of the FDCPA.

Violating the FDCPA can bring huge fines for the company AND the individual violating the code if it goes to court, which it probably won't. Remember, they are a corporation and they have bigger, more expensive lawyers than you. They can afford to drag this thing out.... you probably can't. The best you can possibly hope for is to have them work with you.

They DO have (or at least they did when I was there) departments that are set up to help with modifications and deferments. But you will likely have to jump through a couple of hoops first.

Remember, they are Goliath, but you probably aren't David. You don't have a rock big enough. This post was more to give you information than anything else. I left the company on good terms, and am not vindictive, but I do feel that the organization has a tendency to get carried away trying to meet their monthly collection goals.

You will have more luck trying to negotiate a deal at the end of the month than the beginning. If you're not getting what you want, ask to speak to a supervisor, but do it nicely, otherwise you'll get shuffled around. Ask specifically who you are talking to and get their extension, this can be used later if necessary.

Worst case scenario, do an end-around. Find out who works in human resources, or their training department. Call in and ask for these individuals and ask THEM to talk to a collections manager, since you will have more of a chance of getting transferred to someone higher up.

Remember though, for the most part, the law is on Cashcall's side. Do the best you can to work WITH them, not against them.

Good luck!

Jim, what you ask can get very complicated, especially when state boundaries are crossed. Unfortunately, there doesn't appear to be a definitive precedence for taping calls across state lines. Some courts have assumed jurisdiction and others have not. Some courts have applied the laws of the point of origin and others applied the laws of the state receiving the call - still a grey area that seems to vary depending on how the recording is made public - intent of recording.

Now to your issues:

Your loan is underwritten by First Bank of Delaware, so I would send a certified return receipt requested letter to both Cash Call and First Bank of Delaware stating something to the effect that they have your home phone number (cell) and address and you are NOT permitted to receive their calls at your work. Clearly state to them that any further attempts to contact you at work will be considered deliberate acts of harassment and a deliberate attempt to inflict economic harm on you by putting your employment at risk. Hopefully, after receiving such a letter, they will stop phoning you at work.

""There is no notification that the call is recorded unless you call in on our support (main) line. How does this apply to the rules of evidence? ""

This is a complex issue and it basically falls to the court to decide whether the recording will be admissible or not. IF your firm deals with folks from other States, it might be prudent for them to modify their PBX system so that a notification that the call is being recorded is presented on each phone line that is actually recorded. Texas doesn't require this, but many other States do. It's prudent to do this so that if an issue arrises, the legallity of the recording is not subject to demurrer.

""If CashCall, as a California corporation, is recoridng the calls made to me, how does this apply to the wiretapping laws as they have not once stated that the call will be recorded.""

This is moot unless of course a recording is made, and subsequently made public.

""I told then that this was not a line to be called and that they should not call it. I have told them this several times. What are the legal aspects of this?""

You could sue them for harassment and for attempting to inflict economic harm on you. However, you have to set the stage for this by putting them on notice to not call your workplace. Telling them on the phone doesn't cut it (hard to prove) so you should send them and First Bank of Delaware a letter. If they continue to call your workplace, consult with a competant attorney.

""they have been sending me text messages to my cell phone.""

Call your cell phone company and have text messaging disabled.

Cash Call appears to cover it "tushy" very well. I would suggest you get out from under this loan as quickly as possible. Yup, I'm suggesting you pay them off, and quickly. If your finances are very shakey, I would suggest you consult with a bankruptcy lawyer to see if Chapter 7, 11 or 13 protection is viable for you.

Good luck.

Since we are discussing the legal aspects to call recording, I have some questions.

1) CashCall is calling me almost daily at work. As I work in a call center, all calls are recorded, including those coming in on my Direct In-Dial number, the number that comes to me directly. There is no notification that the call is recorded unless you call in on our support (main) line. How does this apply to the rules of evidence? I work in Texas for an organization incorporated under the laws of the State of Texas.

2) If CashCall, as a California corporation, is recoridng the calls made to me, how does this apply to the wiretapping laws as they have not once stated that the call will be recorded. This does not include the initial call when I set up the loan.

3) at one point, I made up my mind to try and work with them the next time they called. They called and I answered and she dentified the company but not her name. Then when it became obvious I was willing to work with them, but on my terms, she hung up.

4) As I now refuse to speak with then or even answer their calls due to their behavior, they have begun dialing number similar to mine and are leaving threatening messages on co-workers voice mails for me. Also, they have at one point reached an emergency line that is answered by everyone in my office. I told then that this was not a line to be called and that they should not call it. I have told them this several times. What are the legal aspects of this?

5) They have started a new tactic: they have been sending me text messages to my cell phone. As this is a pay-per-use system, I am charged for each message sent or received. This is incurring an additional cost to me on top of the loan commitment.

Any thoughts? Ideas?

Thanks
Tim

I just wanted to clarify the issue. I would not like to learn that someone, after reading comments here, went ahead and taped a call improperly and then found themselves in a "sticky wicket" so to speak.

There is a website that shows "down and dirty" what is required to LEGALLY record phone calls. However, this is not a government website, so the best thing for anyone to do is to check with their State government website as to the applicable laws in that state.

Good luck with your studies.

Here are their "rates". I almost choked!


Amt. of Loan (incl fee) Interest Rate Payments Amt. of Payment Payback Amt.
$10,000 59.46% 120 $493.22 $59.186.40
$5,075 24.58% 84 $125.23 $10,519.32
$5,075 70.08% 84 $294.50 $24,738.00
$2,600 26.88% 42 $92.08 $3,867.36
$2,600 99.25% 42 $216.55 $9,095.10

Gee....where do I sign up??

Personally, I don't see how these types of predatory lenders can HELP anyone?

Hey Robert,

Sorry about that. I was just going off of my opinion, should've checked the facts first. Which should make sense since I am a law student c/o 2008. Well, I did talk with my professor and my friend's grandfather who's an Attorney General as well...And they gave me all the info that matched your statement. I have the Penal Code and Civil Code from my friend's mother who works at Sacramento at the California Office of Privacy Protection. Well, should've checked up with my people's first huh? My fault...Well, no hard feelings or anything...I just thought I had a lil info about something that I thought I knew...But the law is a very complex study of information to learn about. But I'm making my way through and learning so much. Going to take my State Bar next year, and have number of hours to complete for my MCLE.

My case will be well rested when I become a fine lawyer...:D

Until then-Have a good one...

And LJ: I'm sorry this has to happen to you, but wish you the best of luck!!

Mary, you are mistaken dear.

California statute requires that ALL parties to a telephone conversation be informed of and CONSENT to the phone call being recorded. Failure to inform and obtain consent of ALL parties to the call is punishable through criminal prosecution of the person recording the call as well as civil liability for the person recording the telephone call. It does not matter if the person making the recording is a party to the call.

Further, an illegally recorded telephone call is inadmissable as evidence in criminal and civil judicial proceedings.

""I wouldn't think he would going to court or whatever you call it for wiretapping. Because that is his personal evidence. Evidence that is regarding his personal situation and such. ""

Making a recording of a telephone call is not a personal situation - it envolves others, and those others under California law have the right and protection to be informed that they will be recorded and the opportunity to decline to be recorded. They have legal recourse if such recording is made without their knowledge and CONSENT and then the recording is subsequently made public.

""Wiretapping would be if he or any other person were to own or have illegal government equipment and using that to hear on other's conversation or whatnot.
So, I would recheck that info if I were you.

You need to check dear. Each state defines what is legal or illegal regarding the recording of telephone calls. In California, what the OP recorded is inadmissable as evidence, and if the recording is made public, he can be held criminally and civilly liable.

""The court, law, whatever...Would love people to gather as many evidence as you can to determine exactly how they will judge that person's case.""

I agree completely. However, you have to obtain that evidence LEGALLY. That's the operative word here. Recording a telephone conversation in California, by any means, (no government equipment required) without the knowledge and CONSENT of ALL PARTIES to the call being recorded is not a LEGAL method of obtaining evidence and may result, under certain circumstances, in the person making the recording being criminally and/or civilly liable.

""I rest my case...""

You shouldn't. You should check into the law yourself.

Hi LJ!

Well, I'm going to have to disagree with you on this one John.

I wouldn't think he would going to court or whatever you call it for wiretapping. Because that is his personal evidence. Evidence that is regarding his personal situation and such.

Wiretapping would be if he or any other person were to own or have illegal government equipment and using that to hear on other's conversation or whatnot.
So, I would recheck that info if I were you.

The court, law, whatever...Would love people to gather as many evidence as you can to determine exactly how they will judge that person's case.

I rest my case...

I'm not defending anybody here, and most certainly not CashCall.

But these types of loans (i.e. payday, title, CashCall) are intended, as far as the law is concerned anyways, to be short term loans (i.e. you pay it off in a week or two). The enormous interest rate is how they make their money. They couldn't make a heck of a lot of money on a $5,000 loan at 15% interest if it was actually paid off in two weeks (I think it would be somewhere in the region of $6).

So these loans really only "work" for people who will be able to pay them off very fast. If you need what you think is a 24 month installment plan, you are going to find yourself owing alot of money, and it will take far more than 24 months to pay it off.

My recommendation: don't use ANY of these services unless you have a winning lottery ticket in your hand and you just need bus fare to go cash it in.

If you were in a position to where you needed to go to cash call in the first place, have you considered bankruptcy?

Best of luck!

The only party you're going to hurt by turning over this phone is yourself for wiretapping. This nation has largely discarded usury laws. Regrettably, there is nothing wrong with what CashCall is doing