Cash Call ripoff Fountain Valley California

I realize that posting this now may be a bit late (as the thread was originated in 2006) but it may serve others who are dealing with the same situation.

If the contract states you can't sue them, they it is only good in conjunction with the business surrounding the loan. Hence, you can't sue them unless, as another poster suggested, you can show that the contract is invalid.

Now, the 10 phone calls a day, may not be protected by the contract. If they called that much, I'd be checking my state statutes to see if there were consumer protection laws in place to prevent this. the federal FDCPA (15. U.S.C. 1692) may come into play if your state has adopted statutes that also protect you from the original creditor.

If they calls are made to a cell phone, perhaps checking the TCPA (Telephone Consumer Protection Act), may give one some ground to file suit. Look for the clauses regarding automated calls and the ones about prior business relationships.

Also, you may be able to sue them for just common law harrassment. 10 calls a day is extreme in any event, and depending on what transpired on the calls, you could possibly build a case that way. If one chooses to take this path, then I'd suggest in getting a recording device for their phone, or learning how to connect their phones via bluetooth to their computers and installing Audacity, a free sound recorder.

Be wary, some states are two party consent states and you may have to let the other party know that the call is being recorded; if, however, they give the "this call may be recorded for training, quality assurance etc." disclaimer, you're free to record away, you're also allowed to record one-party if you plan on filing in federal court.

Hope this helps any of the litigious nuts, like myself, who may deal with this company in the future.

I realize that posting this now may be a bit late (as the thread was originated in 2006) but it may serve others who are dealing with the same situation.

If the contract states you can't sue them, they it is only good in conjunction with the business surrounding the loan. Hence, you can't sue them unless, as another poster suggested, you can show that the contract is invalid.

Now, the 10 phone calls a day, may not be protected by the contract. If they called that much, I'd be checking my state statutes to see if there were consumer protection laws in place to prevent this. the federal FDCPA (15. U.S.C. 1692) may come into play if your state has adopted statutes that also protect you from the original creditor.

If they calls are made to a cell phone, perhaps checking the TCPA (Telephone Consumer Protection Act), may give one some ground to file suit. Look for the clauses regarding automated calls and the ones about prior business relationships.

Also, you may be able to sue them for just common law harrassment. 10 calls a day is extreme in any event, and depending on what transpired on the calls, you could possibly build a case that way. If one chooses to take this path, then I'd suggest in getting a recording device for their phone, or learning how to connect their phones via bluetooth to their computers and installing Audacity, a free sound recorder.

Be wary, some states are two party consent states and you may have to let the other party know that the call is being recorded; if, however, they give the "this call may be recorded for training, quality assurance etc." disclaimer, you're free to record away, you're also allowed to record one-party if you plan on filing in federal court.

Hope this helps any of the litigious nuts, like myself, who may deal with this company in the future.

I realize that posting this now may be a bit late (as the thread was originated in 2006) but it may serve others who are dealing with the same situation.

If the contract states you can't sue them, they it is only good in conjunction with the business surrounding the loan. Hence, you can't sue them unless, as another poster suggested, you can show that the contract is invalid.

Now, the 10 phone calls a day, may not be protected by the contract. If they called that much, I'd be checking my state statutes to see if there were consumer protection laws in place to prevent this. the federal FDCPA (15. U.S.C. 1692) may come into play if your state has adopted statutes that also protect you from the original creditor.

If they calls are made to a cell phone, perhaps checking the TCPA (Telephone Consumer Protection Act), may give one some ground to file suit. Look for the clauses regarding automated calls and the ones about prior business relationships.

Also, you may be able to sue them for just common law harrassment. 10 calls a day is extreme in any event, and depending on what transpired on the calls, you could possibly build a case that way. If one chooses to take this path, then I'd suggest in getting a recording device for their phone, or learning how to connect their phones via bluetooth to their computers and installing Audacity, a free sound recorder.

Be wary, some states are two party consent states and you may have to let the other party know that the call is being recorded; if, however, they give the "this call may be recorded for training, quality assurance etc." disclaimer, you're free to record away, you're also allowed to record one-party if you plan on filing in federal court.

Hope this helps any of the litigious nuts, like myself, who may deal with this company in the future.

I realize that posting this now may be a bit late (as the thread was originated in 2006) but it may serve others who are dealing with the same situation.

If the contract states you can't sue them, they it is only good in conjunction with the business surrounding the loan. Hence, you can't sue them unless, as another poster suggested, you can show that the contract is invalid.

Now, the 10 phone calls a day, may not be protected by the contract. If they called that much, I'd be checking my state statutes to see if there were consumer protection laws in place to prevent this. the federal FDCPA (15. U.S.C. 1692) may come into play if your state has adopted statutes that also protect you from the original creditor.

If they calls are made to a cell phone, perhaps checking the TCPA (Telephone Consumer Protection Act), may give one some ground to file suit. Look for the clauses regarding automated calls and the ones about prior business relationships.

Also, you may be able to sue them for just common law harrassment. 10 calls a day is extreme in any event, and depending on what transpired on the calls, you could possibly build a case that way. If one chooses to take this path, then I'd suggest in getting a recording device for their phone, or learning how to connect their phones via bluetooth to their computers and installing Audacity, a free sound recorder.

Be wary, some states are two party consent states and you may have to let the other party know that the call is being recorded; if, however, they give the "this call may be recorded for training, quality assurance etc." disclaimer, you're free to record away, you're also allowed to record one-party if you plan on filing in federal court.

Hope this helps any of the litigious nuts, like myself, who may deal with this company in the future.

The point of this is that the OP never even made a payment. I want to state for the record that I do not work for nor have I ever been associated with Cash Call. However, in order to be successful in a suit, the plaintiff has to prove that Cash Call has breached their contract. Otherwise, it's a slam dunk that the plaintiff has breached HIS contract with Cash Call.

Quite frankly, I find these no collateral, high interest loan outfits to be the scum of the earth. They prey on folks who are in desperate situations and have bad credit. They know that these people have little choice. It's definitely predatory lending, however the laws will hopefully catch up with them soon.

That being said, when you sign a contract willingly, you can't then take someone to court to object to the the terms of the contract that you signed.

To response to a couple of comments.

I have read from these complaints that Cash Call has created a clause saying they cannot be sued. Just because it is in the contract does not mean that the borrower cannot sue them. And by the way, many people are paying back these loans that I have read through these complaints and even those who haven't paid them off they can sue for other practices that cash call has created with the tactics they have used in collecting their money. Including with messing around with your bank account.

There are strict rules in each state when they are allowed to take money out of your account. They cannot do it anytime they feel like it. They cannot call you and threaten to take your home or your wages if you have anytime they feel like it.

The best bet is for everyone to file a complaint to California's state attorney General's office.

It's merely too much to take. I get the same people calling me from their company every day. I tell them the same story EVERY DAY, and they accept the same response and say "okay" EVERY DAY!

If you READ the Fair Credit Reporting Act, then you will see one line in there hat supersedes anything: "debt collectors may NOT "use obscene or profane language; or repeatedly use the telephone to annoy someone". The last line is most important here. This basically says in writing that harrassment by a creditor is against the law.

I want to pay my debts, and I hate owing anyone ANYTHING. But this is ridiculous behaviour by this company and others like it. Call me once, and when we talk and I make arrangements, PLEASE for the love of GOD don't call again until the next time. It's ruining my life, and I would think the lives of countless others. At this rate I would rather take a broken arm, because they're certainly twisting it.

Theresa, where is it implied that the users of Cash Call have no rights?

Theresa,

If the person does not have the money to pay Cashcall, how are they going to come up with the money for a lawsuit? NO lawyers take these cases on contingency. All costs are up front.

That's reality.

More reality is that the terms and conditions of the loan were disclosed up front and agreed upon. If the borrower did not like the terms, they should not have signed the contract and taken the money.

And, it's not 96% interest. That is usery and is illegal. These companies pay big money to lawyers to make sure that contract is totally legal.

Payday loans are not revolving credit. They are payday to payday. The fees are not "interest". They are "fees". Big difference.

For the OP, just change your phone number to an unlisted one! that is guaranteed to stop the calls at home. Then tell your employer to inform them not to call back as you cannot get calls at work.

Very simple.

Theresa and Anita can ramble all they want, but the point is, Cash Call did nothing wrong because they NEVER GOT THE CHANCE! The OP defaulted on the loan right after he got it... HE NEVER MADE A PAYMENT!

I could understand if he had paid the loan back, and they were still harrassing him for more money, which is what they do, but he didn't even make 1 payment to them.

So, basically, he stole money from them, and has no right to sue, nor will he win a lawsuit. In my opinion, the OP is no better than the people he borrowed the money from. He knew he couldn't pay for the loan, but borrowed the money anyway. He has nothing to complain about. This wasn't a ripoff.

Uh guuess what guys. Those who did get a loan through cash call also have rights. They can be sued for breaching their own contract, calling more than twice a day, taking money out of your account on the days that they were not suppose to, unconsciuonable busines practices. These are defenses in California and does not matter if they put in their contract they cannot be sued, they certanly can.

Well, Anita, thanks for the bizarre and pointless rebuttal you posted. Has nothing to do with the issue, but that obviously is of no importance. If it DID have any relevance, you could have cut and pasted the relevant portion, instead of subjecting readers to a plethora of unrelated topics, such as marriage only being permissible between two people who want to get married. Very, very bizarre.

As to the OP, Robert, who claims he was "preyed" upon, how?

From what I can tell, YOU have to call Cash Call. If they have a telemarketing program, YOU still had to be the one to say "okay".

So, how did they prey upon you? You went to them. You asked them for money. They said here are our terms. You said okay.

Only later did you become outraged by what they disclosed to you ***BEFORE**** you took THEIR money.

It's NOT a secret that payday loans are legalized loan sharking, it hasn't been a secret for a long time now.

Anyone who enters into a financial contract without understanding interest rates, well, what do you think is going to happen? It's up to YOU to know what you are signing. It's no one else's responsibility, unless you are a minor, or mentally incapacitated, and shouldn't be handling your own finances.

They get away with these horrific interest rates because PEOPLE KEEP GOING TO THEM.

No, I am NOT an arrogant, well-to-do, never been down on my luck, employee of Cash Call. Down on my luck would be an understatement. But I'm not willfully ignorant either. I made sure I learned how to read contracts and understand interest rates, whether they are moral or ethical or not.

I'm not talking about going to business school and taking Contract Law. I mean, learning to find out what I need to know from a contract, as a consumer, to protect myself. If I don't understand something, I make them tell me until I DO understand. If that doesn't happen, I HAVE to walk away.

I knew NOTHING about how the world of finances and business worked. That scared me to death. So, I LEARNED. I made it a point TO LEARN.

This is an option available to every able-minded citizen. Libraries are free. Everyone on this post clearly has a computer, so the internet, too, is free.

If you want these businesses outlawed, get up and contact your political leadership, from city on up, if necessary. Sounds like too much work, though, huh. You just want someone else to do it. YOU have the power to start change. Will you?

The only thing that a human being really desrev is respect, fair treatment and ...
read below....Thank you for your time...God bless...

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We've all done it (lent money to someone in need...friend, family, etc.)...and we all hate not getting our money back; regardless of the amount.

Now I can see how this company feels...they are lending money to people with with sub-prime credit (without any security) and people are defaulting on their first payment! And even better, complaining about it!

"If we fight this we might be able to get them shutdown"...why, because you don't feel like paying but what you took? If I was the one not getting my money back I'd be calling everyday too.

My suggestion:

Read what you are signing, ask questions when you don't understand something, don't take money that you either can't or won't pay back and lastly don't point fingers when you are the one actually in the wrong.

We've all done it (lent money to someone in need...friend, family, etc.)...and we all hate not getting our money back; regardless of the amount.

Now I can see how this company feels...they are lending money to people with with sub-prime credit (without any security) and people are defaulting on their first payment! And even better, complaining about it!

"If we fight this we might be able to get them shutdown"...why, because you don't feel like paying but what you took? If I was the one not getting my money back I'd be calling everyday too.

My suggestion:

Read what you are signing, ask questions when you don't understand something, don't take money that you either can't or won't pay back and lastly don't point fingers when you are the one actually in the wrong.

We've all done it (lent money to someone in need...friend, family, etc.)...and we all hate not getting our money back; regardless of the amount.

Now I can see how this company feels...they are lending money to people with with sub-prime credit (without any security) and people are defaulting on their first payment! And even better, complaining about it!

"If we fight this we might be able to get them shutdown"...why, because you don't feel like paying but what you took? If I was the one not getting my money back I'd be calling everyday too.

My suggestion:

Read what you are signing, ask questions when you don't understand something, don't take money that you either can't or won't pay back and lastly don't point fingers when you are the one actually in the wrong.

We've all done it (lent money to someone in need...friend, family, etc.)...and we all hate not getting our money back; regardless of the amount.

Now I can see how this company feels...they are lending money to people with with sub-prime credit (without any security) and people are defaulting on their first payment! And even better, complaining about it!

"If we fight this we might be able to get them shutdown"...why, because you don't feel like paying but what you took? If I was the one not getting my money back I'd be calling everyday too.

My suggestion:

Read what you are signing, ask questions when you don't understand something, don't take money that you either can't or won't pay back and lastly don't point fingers when you are the one actually in the wrong.

Please don't pay too much attention to the above response. Those who have dealt with CashCall know it can be a mindless game dealing with such a rude and obnoxious company. It seems that Christine has taken a favor in the company...who knows maybe she even works there by the sound of her defense...!

We know we owe money. We are not saying that we don't, we are saying that they are hard to deal with even to the point of having to ignore them.
Didn't CashCall ever think about the way they handle their customers and the out of this world finance charges were going to affect them. If I owed someone money and they called me 10 times a day hounding me, you bet I would become on the defensive side.

If we don't have the money to pay back at a certain time, then that is the case. We have other financial responsibilities that need attending as well. If you call cashcall and they won't even hear of you being late even a few days with finances charging up your debt then sometimes we have to take a stand against their way of doing things. It may be an unsecured loan, but the finance charges should not be a gift to us because they give us the loan unsecured. They want to be paid back, sure, but with such a huge percent going back to them they should have thought about why it is difficult for many to repay them.

This to me is modern day Loan Sharking. Who in there right mind wants to pay, say, $300.00 knowing it will only cover the finance charges. Cash call needs to be exposed!

How in the world do you figure you can sue them? YOU owed THEM money which you did not pay back. You didn't read your contract. In order to be successful in a suit, you have to prove damages. How were you damaged when you received money from them, then failed to pay it back?

Take the advice from Theresa and do not listen to the arrogant, rude person that responded. He obviously has not been on hard times, like some people. His comment was not needed, and insulting. He obviously didn't remember the rule that his mother obviously should have taught him, "If you don't have anything kind to say.....don't say anything at all".

You were not expecting a pity-party, you were seeking advice. His ignorant comments shows you what type of character he has, which is none. Someone who obviously makes fun of the less fortunate, obviously doesn't feel good about himself. That's fine too, because we all have to answer for it on judgment day and we will see who has the last laugh.

Contact the Attorney General to find out what your rights are. Keep your head up and stay blessed!

YOU DO NOT WAIVE YOUR RIGHTS JUST BECUASE THEY SAID IN THEIR CONTRACT THEY CANNOT BE SUED. EVERYONE CAN BE SUED EXCEPT THE FEDS. CONTRACTS CAN BE NULLED AND VOIDED. CASH CALL IS A PERFECT EXANPLE OF THIS. AND DON'T LET PEOPLE MAKE YOU FEL BAD BECUASE YOU WENT IN BUSINESS WITH THEM. CASH CALL FOLLOWS THEIR OWN RULES

So what I'm hearing is....you basically defaulted on a loan, and don't want to make good on it ever? It's your own fault if you didn't read the paperwork you signed, explaining the interest rate, payback period, and also means of them contacting you.

Have you never borrowed money before? Typically, it means you have to pay it back. They aren't your grand-pappy...you can't just 'forget about it', and hope they do to as well. It's how they make their money. The people that use their service aren't typically financially the smartest folk, so they take advantage of that, by giving you a huge interest rate on the loan, and they want you to default on it....if you don't see that now, you will when collections come and they've made even more money.

While you're here jabbering about it, your payback amount to them is increasing everyday...take care of it, and learn from your lesson. Welcome to the world.