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Report: #244864

Complaint Review: National Enterprise Systems, NES - Solon Ohio

  • Submitted:
  • Updated:
  • Reported By: Van Nuys California
  • Author Confirmed What's this?
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  • National Enterprise Systems, NES 29125 Solon Rd., Solon, Ohio U.S.A.

National Enterprise Systems, NES Criminal harrassment, SNEAKY subversion of California law... IS THIS LEGAL?! Solon Ohio

*Consumer Suggestion: Michael - Bountiful, Utah

*Consumer Suggestion: NES

*Consumer Suggestion: Info for Kevin regarding which state law applies

*Consumer Suggestion: Nope.

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California state law states that no collections agency may call before 7 AM, after 8 PM, or during any time in which the agency 'has reason' to know that the debt-holder is working. This is plainly printed on the back of any collection notice.

However, whenever these people called, and they did, morning noon and night, I repeatedly begun informing them that I work from 8 AM to 6 PM, every Monday through Friday, and therefore, would not be able to receive calls in that time.

I say 'begun' because EVERY TIME the words 'I work' left my mouth, the human garbage who called me begins to talk loud and fast, over every single word I say. I even tried letting them finish their LOOONG spiel a couple times, hoping that when it ended, I could get through, uninterrupted.

But no. They just did it again and again and again, in the same phone call, until I eventually had to hang up every single time.

In that spiel, they continually gave me an '800' number to dial, and every time I called that number, I received no answer, only a shrill beep (like a voicemail, but higher-pitched, and without the convenience of actually reaching anyone... I tried).

Even their payment website is a third party, thus further preventing any communication to the company.

It got to the point where I was deleting up to 4 messages a day from these people, ALL OF THEM left during my stated business hours. According to California state law, this constitutes criminal harassment.

This company knows I live in California. Their client, Verizon, has this information on hand, or NES wouldn't have been able to find my new phone number IN California.

This brings two legal questions, despite their irrefutably illicit activity:

1) Does their blocking of communication from the debt-holder in regard to work schedule excuse them from their criminal liability?

And

2) If not, does the company location or consumer location take precedence? In other words, are they bound to CA law if the debt-holder they are contacting lives in California?

The harassment visited upon me was only made worse by the fact that these people had my California address and phone number, but sent a notice to an address that hasn't been valid in two years!

My first notice of any of this was when the hundred or so calls I've received, in only two weeks, started pouring in.

How are their practices even remotely legal?!

Somebody please help explain what sneaky loophole they're using, or asist me in finding whatever legal avenues are mine to pursue.

Kevin
Van Nuys, California
U.S.A.

This report was posted on Ripoff Report on 04/19/2007 06:01 PM and is a permanent record located here: https://www.ripoffreport.com/reports/national-enterprise-systems-nes/solon-ohio-44139/national-enterprise-systems-nes-criminal-harrassment-sneaky-subversion-of-california-law-244864. 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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#4 Consumer Suggestion

Michael - Bountiful, Utah

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

POSTED: Tuesday, April 24, 2007

Alrighty now -- another fan of Budds!!!!!

he has such great information

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#3 Consumer Suggestion

NES

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

POSTED: Monday, April 23, 2007

Go here:

budhibbs.com

Click on "Agencies To Avoid"

Scroll through the listings of collection agencies. They are in alphabetical order.

Bud Hibbs site has information on how to deal with collection agencies.

Don't let these parasites drag you down! Fight back!

Good luck!

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#2 Consumer Suggestion

Info for Kevin regarding which state law applies

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

POSTED: Monday, April 23, 2007

Kevin,

Actually more than 1 law applies here.

The FIRST is the FDCPA which is FEDERAL LAW. Second, is the state law in which you live in and third is the state law that the collection agency is operating from.

Since they are THIRD PARTY debt collectors, the FDCPA would take precedence here as I have found out. The state law can give you additional protections on top of the FDCPA, but CANNOT take away from it.

Go to FTC.gov and file a complaint online for the harassment. File a separate complaint each time they call, as enforcement actions are brought by the FTC after a certain number of complaints have been recieved. They do not do individual enforcement.

You need to send a CEASE COMMUNICATIONS request as per your rights under the FDCPA. DO NOT sign the letter, just print. In this letter, clearly identify the numbers they are calling and word it as included, but not limited to...etc. So they do not contact you by any means.

Send this letter by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This is very important as it proves EXACTLY what you sent.

Now, when they violate your request, you sue them for the blatant FDCPA violation.

Don't get mad, GET PAID!!

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#1 Consumer Suggestion

Nope.

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

POSTED: Monday, April 23, 2007

The agency will go by CA law as thats where the debtor lives. No it does not constitute as criminal harassment, they can call you from 8am to 9pm daily unless you have advised them to cease communications. They are only allowed to leave you 1 message daily. If they are leaving more then, if you saved the messages, and have proof, then you would be able to file suit against them for FDCPA violations.

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