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Report: #69182

Complaint Review: Salvadore Spinelli - Dan Watkins - Peter Stalmo - Melville New York

  • Submitted:
  • Updated:
  • Reported By: Oakland California
  • Salvadore Spinelli - Dan Watkins - Peter Stalmo CS 9018 Melville, New York U.S.A.
  • Phone: 510-451-1939
  • Web:
  • Category: Lawyers

Salvadore Spinelli, Dan Watkins, Peter Stalmo Dan Watkins illegally charged my debit card for over One Thousand dollars without my consent. Melville New York

*Consumer Comment: Here's a little help, ..You are afforded the same protection from harrassing phone calls

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Dan Watkins called regarding a stop payment check that I had placed on three checks. When he originally called me he threatened to turn me into the District Attorneys office immediately if I did not pay the checks. I explained to him the reason for the stop payment and informed him that I would make a payment arrangement with him regarding these checks that totalled close to $1600.00. At the time of his call I was out of state, in Ohio, visiting a brother who has terminal cancer. I returned his call from my cell phone.

At that time after his attempt to turn me into the District Attorney he then demanded my attorneys name, which I informed him that I needed to speak to my attorney first to explain the situation to him and that I would have my attorney call him. I explained to Dan Watkins that I was out of town with my brother who was sick and when I returned to California on 10/14/03 I would call him to set up a payment plan.

He insisted in order that my account not be turned over to the district attorneys office in SF that he would have to have $500.00, which I gave him from my checking account debit card. When I returned to California on 10/14/03 there was a debit in my account made for 1095.00 to Spinelli and Company. This was an unauthorized and illegal transaction that I did not approve or authorize. I immedicately called his office and the following occurred.

1) He turned on a recording device and told me he was taping my phone conversation without asking my permission which is illegal.

2) He refused to give me Mr. Spinelli's Bar Association Number to file a complaint with the NY BAR Association. He wanted me to settle for just returning the money to my account which I refused.

3) He transferred me to his supervisor named Peter Stalmo who again refused my request for Mr. Spinelli's BAR # in NY, and stated "what is your problem your getting your money back I informed him that this was not satisfactory to me. He also stated that he was going to tape the call. I then informed him that it was against federal law to phone individuals without their consent. He continued to refuse to allow me to talk to Mr. Spinelli or give me his BAR#, and hung up on me.

4) I called back again and the secreatary again put me through to Dan Watkins who then threatened that if I called him again he would file a harassment compliant against me. (It's perfectly ok for them to call at all hours of the day and night but I can't get legal public information)

I want to file a complaint with the Better Business Bureau and the NY BAR association on this company. I still have not been given Mr. Spinelli's # to practice law in the state of NY.

I would appreciate any and all help that you would assist me with.

Thank you,
Darrell A. Adkins, Ph.D.

Darrell
Oakland, California
U.S.A.


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This report was posted on Ripoff Report on 10/15/2003 12:24 PM and is a permanent record located here: https://www.ripoffreport.com/reports/salvadore-spinelli-dan-watkins-peter-stalmo/melville-new-york-11747/salvadore-spinelli-dan-watkins-peter-stalmo-dan-watkins-illegally-charged-my-debit-card-69182. 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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#1 Consumer Comment

Here's a little help, ..You are afforded the same protection from harrassing phone calls

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

POSTED: Thursday, October 16, 2003
Darrell... you present three issues that I would like to briefly address. First, however, I need to let you know that I am not an attorney and nothing I say should be construed as competent legal advice.

1) The federal law only requires that one party to a phone call consent to its recording. Many states have stricter laws, New York and Ohio do not, California's statute is a little hazy but seems to be the same as the Federal law. Also, if someone tells you they are recording you, and you continue the conversation without explicit objection, you may have implied your consent.

2) You are afforded the same protection from harrassing phone calls as the other party. If you tell them to stop calling you, they have to stop. Until you actually notify them that you don't want them to call you any more, it's not technically harassment, although I'm sure there are exceptions to this rule.

3) You probably don't need the attorney's Bar ID to initiate a grievance process. In the State of New york grievances against attorneys are taken by the appropriate judicial district, and if a Bar ID is in fact public information that you need, I'm sure the grievance committee can figure it out for you. Here's the NYSBA grievance procedure site:

http://www.nysba.org/Content/NavigationMenu/Public_Resources/Attorney_Grievance_Procedures/Attorney_Grievance_Procedures.htm

Hope this helps you out. Just keep in mind, if your claims against the attorney are without merit, that this is not a situation where frivolity is appropriate.
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