Randall & Richards - Boulevard Bank Misleading Collection Tactics, Misrepresentation of Collections Agency, Solicitation of Loan ripoff Tucson Arizona

I would like to begin by saying that collections when handled in the correct way can actually benefit your company. I do work for a few compnaies doing collections.  I have been on the other end of collections as well and alot of the complaining I hear is from people that were made to actually pay a bill. Companies are consumers are under two distinct different laws as far as collections are concerned. The FDCPA has no business applications, that is strictly for consumers. Please look it up and remember to file a report against someone who is actually harassing you and someone who is doing their job in a professional manner. 

Commercial collections can be a great tool for your business. A contingency based agency can often times help bring that client that was a slow pay or in a cash flow issue. I for one have helped many clients of mine to bring some much needed funds back into the company for jobs that were not paid for. We have done it in a manner that salvages the client and actually helps them should they be having the same issues. 

Talk to them about what your options are and you will be suprised on what they can do to help you and your company. 

If you are a consumer look up the FDCPA read the rules and regulations and remember to protect your credit by having identity fraud measures in place.

The sad fact is that not only are all of your personal details open to 'investigation' by collection agencies in general, but did you know there are a number of individuals who have criminal records(!! Yes.. ex-FELONS), who come to be working for these establishments and have access to ALL OF YOUR PERSONAL DETAILS!!!!  Take that on board.  I know this as a fact, because yes... I dated one of these dudes and knew his co-workers and not only did he have a 'past', but so did a few of his colleagues.  And they have access to ALL of your details at the touch of a button on their computer screens.

Advice:  Stay off the phone.  Don't talk to them.
            Get Identity Theft Protection (ABSOLUTELY!!!!)

            Do your RESEARCH!!!. Read a lot about how to deal with their idea of the law

            Poke around in THEIR backgrounds, it's an eye opener..

            Then leave the country, if you can.  I hear Venice is nice in the Spring.

As Rick T. mentioned above, Randall & Richards is a collection agency. No misrepresentation would have occurred, as the capacity with which Rick T. works for R&R is as a collector/investigator. The FDCPA only applies to * * * consumer collections * * *. If you go to FTC.GOV, you will find that it clearly states that debts accrued by any business are not applicable to governance by the FDCP Acts.

Bonnie,

The first rule when dealing with ANY collector is to STAY OFF THE PHONE!! Never speak to any collector on the phobne. It will NEVER produce POSITIVE results for YOU. It will ALWAYS make things worse for YOU.

That misrepresentation WAS illegal as a violation of the FDCPA. It is ILLEGAL for any collector to misrepresent themselves, especially as an investigator. That IMPLIES that they are law enforcement is is purposely used as a means of intimidation. There is plenty of case law available to substantiate this.

The "collector" above is only partially right. The actual enforcement of collections falls under the UCC on COMMERCIAL ACCOUNTS. However, they are contacting you as an individual for payment of the obligation, and as a sole proprietor you are considered under the law to be an individual, not a commercial enterprise.

That collector is the standard moron offering the standard uneducated response.

Stay off the phone, and send a CEASE COMMUNICATIONS request as per the provisions of the FDCPA. Send this by certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records. This proves EXACTLY what you sent.

Then go to FTC.gov and file a complaint online for the illegal activities. File a separate complaint for each offense, as enforcement actions by the FTC are brought based on number of complaints, and NOT on an individual basis.

FYI..You can also go after the collector individually as well as the agency. You can sue the person who engaged in the offense and even bring criminal charges, as applicable on the individual collector. I always do this.

Dear "Bonnie" -

If you do Google Randall and Richards you will find a "sponsored link" that offers individuals such as yourself who are having difficulties meeting their financial obligations a possible option outside of Bankruptcy (which you have filed).
However; contrary to your allegation that we do not identify ourselves as either a lawyers office, collection agency or bank, the very first Randall and Richards option states "specializing in commercial Collections". Which brings up another point - You reference the FDCPA which is specific to retail collections. You fail to mention that you are representing a Business as a sole proprietor and that it was a business transaction that you are being pursued for. That particular type of collection is governed by the UCC.

Furthermore; the insert referenced that was enclosed in the correnspondence sent, specifically states that Randall and Richards is not affiliated with said solicitation. I would compare it to opening your Sunday paper and finding a Variety of Advertisements that one may or may not take advantage of. The mere fact that it is included demonstrates a willingness to help you out of your unfortunate circumstance.

Rick T.
Bill Collector - Randall and Richards Commercial Collections