May 29, 2004
Spammer goes to jail and Earthlink got $16.4 million judgment
Spammer Sentenced to 7 Years in Prison
"By CAROLYN THOMPSON, Associated Press Writer
BUFFALO, N.Y. - A man who sent 850 million junk e-mails through accounts he opened with stolen identities was sentenced to up to seven years in prison on Thursday.
Atlanta-based Internet service provider Earthlink Inc. said it hoped the sentence and an earlier $16.4 million civil judgment against Howard Carmack will deter other spammers.
"Before spammers send one more spam e-mail, we think they should remember that what happened to Howard Carmack can happen to them," said Karen Casion, Earthlink's assistant general counsel.
Jurors sentenced Carmack to seven years for convictions in March of forgery, identity theft and falsifying business records. He must serve a minimum 3 1/2 years.
Earthlink said Carmack ran 343 illegal e-mail accounts under false names from 2002 until his arrest last May, using them to send unsolicited e-mail ads for things like get-rich-quick schemes and sexual enhancers.
..."
Some asshole used my bayhouse domain in December and got my e-mail shut down. For MONTHS I had problems and server shutdowns because of hundreds of thousands of undeliverable spam mails returned to me.
$2.5 million settlement for Bowling junk faxes
AMF Bowling Centers Settles Junk Fax Case for $2.5 Million
If you still have the faxes, you receive $500 per fax. If you submit an affidavit, you'll get $250 in bowling coupons. The scan of the junk fax.
Unfortunately, I don't recall ever getting a bowling fax. With all the crap I get .... I save all faxes, since they go to my computer that's easy. These 352,000 faxes were sent out in 11/02.
Less than 400 recipients have been identified!
If you got one, contact the attorneys of record:
http://www.cowetalaw.com/
McMillian & Camp, LLP
7 1/2 East Court Square
Newnan, Georgia 30263
Telephone: (770) 502-2200
Facsimile: (770) 502-0962
Lance P. McMillian lpm@cowetalaw.com
Stephen A Camp scamp@cowetalaw.com
http://www.tcbowl.com/amfonline/ - more about AMF Bowling
DOCKET NUMBER: 2003-CV-66093 FILED ON: 2/26/2003
COURT: Fulton County State Court [Georgia]
Phone: (404) 730-5040
Website: http://www.fultonstatecourt.com/
Who owns Trans Union?
A reader asked, so I thought I'd post a couple links.
Trans Union is owned by the Marmon Group and it is owned by the Pritzker family.
"# 19 on Largest Private Cos. 2001 , # 20 on Largest Private Cos. 2000 , # 21 on Largest Private Cos. 1999"
CEO Robert Allen Pritzer:
"Net Worth: $5,500 mil"
"With nephew Thomas, runs 99-year-old family empire, recently blemished by investment in now-insolvent Superior Bank. Robert and brother Jay (d. 1999) inherited business started by grandfather Nicholas 1902. Robert oversees Marmon Group conglomerate; Jay's son Thomas heads Hyatt hotel chain. Other holdings: Royal Caribbean Cruises, real estate."
"# 47 on World's Richest People 2004 , # 32 on World's Richest People 2003 , # 55 on World's Richest People 2002 , # 57 on World's Richest People 2001 , On World's Richest People 2000 , On World's Richest People 1999 , # 23 on Forbes 400 2003 , # 22 on Forbes 400 2002 , # 41 on Forbes 400 2000 , # 27 on Forbes 400 1999"
May 28, 2004
New Delhi, India, collection agency seeking to collect from alleged American debtors
"Neglected Debtors Don't Pay Anything
cleave¹ (kleev), 1. to adhere closely, stick, cling 2. to remain faithful, loyal
Offshore outsourcing is the future of debt recovery. Cleave Global e-Services Ltd. is a Business Process Outsourcing enterprise located in upscale New Delhi, India. Our collection expertise is grounded in our core business-providing profitable, confidential outsourcing results for our clients in e-accounting, healthcare, legal, customer relationship management, telemarketing, and travel industries. Is offshore outsourcing in your future? ..."
and
"Cleave Global is proud to offer 100% college graduates who are FDCPA and HIPAA trained & tested, available worldwide 24 hours a day, and are scalable, up or down. When you outsource with Cleave Global e-Services, you will receive at a minimum a made to order training module to ensure transparency, US based predictive dialers for smooth international dialing, daily reports as to attempts, contacts and promises made. Debtors are always instructed to send payments directly to your office. ... "
So there goes your identifying information, maybe your entire credit history, off to India. For more info read: DEBT RECOVERY SERVICES
May 27, 2004
GUS to demerge Experian?
Parent Company Confirms Review that Could Spin off Experian
"May 27, 2004 — LONDON - John Peace, chief executive of GUS, has announced during a presentation of the retailer's preliminary results that the board has decided to undertake a two-year strategic review that could result in a demerger of Experian.
The review will consider "all strategic options", which could include keeping the group's current structure, including retail chains Homebase and Argos, or a demerger of Experian, which analysts have valued at between £3.5bn ($6.43 billion) and £4.5bn ($8.26 billion) as a standalone company.
In the 12 months to March 31 2004, GUS reported group sales up 6% to £7.5bn, with underlying profits up 29% to £827m. Experian's sales were up 14% to £1.29bn with profits up 20% to £282m.
..."
That they are allowed to personally profit from the damages they inflict on consumers with their false and incomplete credit reports is just beyond belief. Why don't more attorneys go for jury trials?
5/26/04 letter to the Compass Bancshares (Compass Bank) Board of Directors
Actually, the letter is addressed to their attorney Stephen J. Anthony, Sacks Tierney P.A. and I only sent copies of the letter to the directors and execs:
D. Paul Jones, Jr. Chairman of the Board, Chief Executive Officer 61 $3,944,676
D. Paul Jones, Jr. Chairman of the Board, Chief Executive Officer 61 $3,944,676 America's Most Powerful People
Charles E McMahen Vice Chairman of the Board 64 $1,494,289
Garrett R Hegel Chief Financial Officer 53 $1,126,062
James H Click, Jr. Director 60 --
Charles W Daniel Director 63 --
William E Davenport Director 63 --
Tranum Fitzpatrick Director 65 --
Carl J Gessler, Jr., M.D. Director 48 --
John S Stein Director 66 --
J. Terry Strange Director 60 --
William Helms Executive Vice President- Wealth Management 52 --
G. Ray Stone Senior Executive Vice President and Chief Credit Policy Officer 60 --
Jerry W Powell General Counsel, Secretary 54 --
James D Barri Executive Vice President - Retail Banking of the Bank 59 $988,523
George M Boltwood Senior Executive Vice President, Commercial Banking 54 $1,075,842
E. Lee Harris, Jr. Executive Vice President, Human Resources 51 --
Clayton D Pledger Executive Vice President and Chief Information Officer 59 --
CEO D. Paul Jones, Jr. is on the Forbes list of "America's most powerful people" but the link goes to someone else, even Forbes makes mistakes.
I sent the letter individually to every director and officer, and while it's unlikely that they'll actually get to see it, they can't say that I didn't notify them:
Christine Baker
[deleted]
Tel: 206-202-4653
Fax: 571-222-1000
Email: christine@bayhouse.com
ATTN: Stephen J. Anthony
Sacks Tierney P.A.
4250 North Drinkwater Blvd., 4th Floor
Scottsdale, Arizona 85251-3647
Re: http://compass-bank-sucks.com/ and press releases
May 26, 2004
Dear Mr. Anthony:
I am hereby notifying you of my new website http://compass-bank-sucks.com/ and the web forum with the subtitle: “This is the Atlanta based Compass Bank (Compass Bancshares) - vile to the bone!” You may be aware that another consumer had a similar site with numerous consumer complaints until apparently Compass Bank paid him to remove the site.
My 5/6/04 press release “Compass Bank Charged Research Fee after Customer Alerted to a $500 Bank Error in her Favor” has been read over 22,500 times as of today. A Google search for “Compass Bank, fee” placed my press release on page one of the search results as item # 4. http://www.google.com/search?sourceid=navclient&ie=UTF-8&oe=UTF-8&q=compass+bank%2C+fee
Mr. Anthony, I don’t know why you defend evil, I suppose it is greed. Do your friends and family know how you earn your living? Do they know that you strive to dismiss legitimate consumers claims against vile corporations like Compass Bank?
As you know, I didn’t have the money to hire an attorney and I have no legal skills, and that’s why you and Compass Bank prevailed. However, the press releases are very affordable and the dismissal by the court was the proverbial straw that broke the camel’s back. Since I got railroaded in the Kingman Kangaroo Court, I was quite aware that my efforts to find justice in the American legal system are likely to fail. I decided to do my best and see what happens. I sure learned a lot and I publish my mistakes so that other consumers are more successful with their own suits.
Dealing with credit bureaus and collectors, I am certainly used to dealing with liars. Yet, I wasn’t prepared for the Compass Bank lies and willful and continuing refusal to provide me with the reason for my checking account decline.
You joined the moronic Trans Union motion for security of costs. Then you objected to my motion for the reimbursement of costs for serving after Compass Bank failed to accept the Waiver, as required by law. I requested $65.40 and I am amazed that Sacks Tierney’s cost of writing, filing and mailing your motion is less than $65.40. Are you deliberately irritating me so that I increase the time I allocate to my Compass Bank publications?
Compass Bank (potential) customers researching Compass Bank on the web will be able to find my websites documenting their despicable business practices. Not only will readers decide not to do business with Compass Bank, but you can expect consumer suits and maybe even class action suits due to my efforts.
The truth about Compass Bank will cause significant damages to Compass Bank.
• To date I have no idea why Compass Bank declined my checking account.
• Who made the decision to withhold this legally required disclosure despite Compass Bank employee Caroline Owens’ written promise?
• Who made the decision to spend thousands on legal fees defending my legitimate claim instead of complying with the law?
• Who made the decision to charge me $6 for notifying Compass Bank that they made a $500 error in my favor?
The Compass Bank shareholders should be outraged by this willful misconduct, jeopardizing their investments.
You think you won?
Very truly yours,
Christine Baker
C: Compass Bank Board of Directors and posted at various websites.
May 25, 2004
GM foreclosing while payments are current?
An e-mail I got this afternoon:
"Hi Christine,
I know you're terribly busy, but GMAC is trying to foreclose on my house AGAIN...second time in five years (I beat them the first time).
It claims I've missed three mortgage payments, despite receiving copies of all cancelled checks that prove I am current.
It just will not stop the foreclosure, and I'm falling apart.
What do you charge for a referral, and would you help?
...please.
Thank you."
I sent the NACA link, hope she can find an attorney.
The decision makers at Compass Bank must be idiots!
Can you believe that they objected to my motion for the reimbursement of the costs of serving?
I asked for $65.40, and they wrote, filed and mailed an objection!
It is noteworthy that they had joined the moronic Trans Union motion for security of costs. What costs? At less than $65.40 per motion, what are they talking about?
How stupid can they get?
The last press release was read over 22,000 times! And that includes only the accesses at the PRweb site, many personal finance websites reprinted the entire press release for more exposure.
So, Compass Bank wants to make sure I'm really pissed off at them and allocate more time to my Compass Bank publications?
Their wish was granted.
I just noticed that the link at http://compass-bank-sucks.com/ to the new forum was bad, no wonder people have been e-mailing me their complaints. Fixed that. I've been holding off on publicizing the new Fight Back!!! Forum because it's really not ready for the public, I don't have an FAQ or even a logo and it needs a lot of customizing. So much to do ....
Anyway, since Mr. Anthony decided to piss me off, I just wrote a 2 page letter to him, copies of the letter and the press release to the Compass Bank Board of Directors, and hopefully somehow to the shareholders.
If you have any suggestions on how to best get this info to the shareholders, please let me know!
And I'll post my letter later or tomorrow ...
May 23, 2004
A conversation with a creditor/collector attorney
Attorney Trey Jackson in Georgia (unconfirmed) posted at the CreditCourt forum and it's too bad that he apparently got too busy to respond, or something ....
It is of course true that despite consumers' legitimate claims, it is likely that their suit will get dismissed if they don't settle prior to the hearing, especially in local and small claims courts where the defendants' attorneys can appear.
However, in combination with publication and published complaints with regulators, most collectors will settle very quickly - they can't get those complaints and web sites dismissed.
May 21, 2004
RICO suit against Citibank for selling bk'd accounts, Sherman collects
I'm going to get that complaint on a slow day and see what I can find to use againt SBC (Pacific Bell.) I did NOT discharge my phone bill, I PAID it!!!! I got the cancelled check to prove it and I can prove that Pac Bell KNEW that I paid, they still sold the debt to American Agencies for collection.
It makes me furious every time I think about that. Not to mention the perjury by the SBC manager.
Anyway, check classaction.com for details on several Citi suits.
Encore: A Debt Collector That Truly Feels Your Pain
"Encore has walked a mile in your shoes.
The company buys debt at reduced prices from other firms, mainly issuers of credit cards, that have given up trying to collect. It then tries to collect the money itself.
"A few years ago, Encore hid under its own mountain of debt.
"We were in default with all our bankers," said Chief Executive Carl Gregory. "But we renegotiated terms of repayment, and we were able to pay off the debts in advance of the new deadlines."
Gregory and his management team took over in 2000, when Encore was headed for an annual loss of $3.20 a share. He says the company ran into problems when it tried to grow too fast.
Isn't it interesting how corporations can simply "renegotiate" the terms?
I wonder what kind of terms Encore gives to consumers.
Government witness against Martha Stewart charged with perjury on Friday
Stewart Witness Charged With Perjury
"... The government said it had uncovered eight separate false statements made by Larry Stewart on the stand about two subjects: that he participated in an August 2002 examination of the worksheet, and that he was familiar with a book proposal on ink analysis.
The government asserted that Stewart, who is no relation to Martha, actually had no knowledge of the proposal.
Larry Stewart surrendered to federal agents earlier in the day and was expected to appear in court later Friday.
The two perjury counts against Larry Stewart, 46, of Bethesda, Md., carry up to 10 years in prison.
Stewart has been placed on suspension by the Secret Service, Kelley said."
Why did he do that?
And I sure I hope I'll get to deal with the Pacific Bell perjury soon.
N.Y. Lawyer Fined for Barking at Witness
" ... During a deposition in which Kittle was giving sworn statements on Jan. 16, 2002, he referred to letters he had received from Fink. He called them threatening, "mad dog lawyer" letters, according to Kittle's lawyer, Samuel Friedman.
At the continuation of the deposition the next day, Friedman said, Fink started barking like a dog when Kittle was asked about the letters by Donald Creadore, the lawyer who had taken over Levine's case from Fink.
Friedman said Fink "behaved in a very mocking manner, making the witness feel intimidated, speaking over other people and making it difficult for the court reporter to record much of anything."
Friedman complained to Ramos about Fink's behavior.
"Mr. Fink was barking up the wrong tree," the lawyer quipped as he recalled the deposition. "I don't know what motivated him to bark."
After having a special referee review Fink's behavior, Ramos followed the recommendations and fined Fink, according to the judge's 54-page decision, which was published Thursday. The lawyer had already been assessed another $1,400 for previous misconduct in the case.
..."
I thought that lawyers HAVE to make false statements. They all do. Is that a special Arizona requirement?
Websites help locate deadbeat parents
Web sites becoming popular venues for 'Most Wanted' deadbeat parent lists
"If you end up on that Web page, it means you have ignored every effort we made to contact you. It means you have avoided payment for at least six months and owe at least $5000," Capistany said.
Not even celebrities are immune from placement. The Washington DCS site saw its traffic increase when two professional athletes landed on the list.
Former Seattle Seahawks running back Chris Warren owes $103,147 in child support to the mother of his two children, ages 10 and 11, according to the site. He is supposed to pay $5,000 a month.
The state also says Vernon Maxwell, who played for the Seattle Supersonics in 1999, owes $34,000 to the mother of his 2-year-old child. He owes even more in Florida. Maxwell was arrested last month for failing to pay $160,000 for his teenage son there."
May 19, 2004
Consumers keep *calling* me regarding the First USA/Bank One press release
I clearly state that I'm NOT an attorney and everything I do is on the web. Yet, people keep leaving messages for me to call them.
I really don't have time to waste on phone calls nor can I help them unless they are willing to go public. If that's the case, they should e-mail.
What really gets me is that they leave numbers answered by recordings or with "call intercept" or they block calls from an undisclosed number. I take serious measures to ensure that my direct number doesn't become public.
So from now on, I'm not going to waste my time trying to return these calls. If people can't communicate via e-mail, there's nothing I can do for them anyway.
May 18, 2004
Two new Supreme Court decisions on bankruptcy
Consumers win Supreme Court bankruptcy rulings
"Justices sided with a former Tennessee student who claimed she could not afford payments on $4,000 in state-backed education loans.
The state argued that it could not be taken to federal bankruptcy court against its wishes. Justices agreed 7-2, though, to let Pamela Hood pursue her case."
and
"Justice John Paul Stevens, writing for himself and three colleagues, said that judges should decide an appropriate interest rate for someone to pay — "a rate high enough to compensate the creditor for its risk but not so high as to doom the plan."
"If the court determines that the likelihood of default is so high as to necessitate an 'eye-popping' interest rate, the plan probably should not be confirmed," he wrote.
Justice Clarence Thomas added a fifth vote to reverse a judgment against the Indiana couple.
Justice Antonin Scalia, in a dissent joined by Rehnquist and Justices Sandra Day O'Connor and Anthony M. Kennedy, said that Lee and Amy Till agreed to pay 21 percent interest when they bought the truck, and that was a fair amount for a bankruptcy judge to require. The case is Till v. SCS Credit Corp., 02-1016."
I wonder what the hell is wrong with people who pay 21% for a TRUCK in the first place. Then again, there are hundreds of reasons why people need a truck, but their credit sucks and they haven't found my forums and/or they're just busy making ends meet.
May 16, 2004
Dawn Adams Wheelahan's OBJECTION to the FCRA class action settlement
I'm still trying to figure out what really went in this class action and I read Ms. Wheelahan's objection to the modified stipulation of the settlement on 12/3/03.
According to her, the class counsel as well as the MANY objectors were basically just trying to make a buck and selling out to the CRAs. HUGE SURPISE!!!! Who would have thought that any attorney would put their own financial benefit ahead of their clients' interest?
Aside from the attorneys fees aspects, she pointed out specific issues relating to ARBITRATION and the fact that the class members gave up FUTURE claims. I can not even believe that this was in the settlement, it sure looks like the CRAs paid the class counsel to extinguish the members claims.
If you scroll all the way down Ms. Wheelahan's objection, you'll see the exhibits. Most interesting, it seems like every FCRA attorney in the country chimed in on the objection - check the list of e-mail addresses. And if you read nothing else, read her letter to the court. The court obviously disagreed with her as the $15 million were awarded to the class counsel, but she sure makes some interesting points.
I'm not saying that the "objectors" were only interested in a piece of the pie, but it is certainly very enlightening to see how this works and how Wheelahan was shut out.
May 15, 2004
Attorneys fees - Equifax and Trans Union once again are morons
I was reading the ruling about attorneys fees in the FCRA class action over the reporting of discharged accounts on non filers' reports. It's actually 3 cases, essentially the same members against each CRA.
Some interesting facts:
Over 4 million notices were mailed out, with almost 1/4 returned undeliverable. The court estimated that the class has between 1.9 and 2.3 million members. For the purpose of calculating attorneys fees, the court concluded that the class had no less than 1.5 million members.
The plaintiff's counsel and experts estimated $200, up to $1,000 to have the credit file rescored. The court concluded that the benefit to the members was at least $100 each, resulting in a value of 150 million for each case.
As of January 2004, 14,671 attorney hours and 834 paralegal hours had been submitted by the class counsel and the objectors. One of the objectors was Ms. Wheelahan, and attorney class member who also submitted 182 attorney hours on her own behalf and may not get anything.
In 1/2003, the parties had stipulated that the attorneys fees would not exceed $5 million per case and that the defendants would not contest those fees.
Guess who now contested the fees? Equifax and Trans Union.
The court did award the requested $5 million per case, and if you ever want to know more about various methods of calculating attorneys fees, this is a great document to read.
WELL worth it too, this is definitely a landmark case. We need a LOT more of those class actions, starting with the reporting of credit limits by Capital One.
I just don't know that any firm wants to start by mailing 30+ million class notices to members. You're talking over $10,000,000 in POSTAGE!
May 13, 2004
AAA towing only available to people with cell phones
This is about as bizarre as it gets.
They made a one-time exception for me, but made it clear that in the future, I would have to make the call while at the vehicle.
They also made an exception when they gave me the # for the tow service so I could arrange meeting up with them. Then they had the nerve to tell me that the tow truck would be there in 0 - 60 minutes. Even if the driver had left IMMEDIATELY he couldn't possibly make it in an hour. And, when I called the tow service, AAA hadn't even called yet!
I've had my share of problems with AAA in the past, and this erosion of service fits perfectly with everything else going on in America.
Judge Broomfield denied the Trans Union motion for security of costs
He also denied the Equifax and Capital One joinder as moot, since they were dismissed because I served them late and I'm refiling.
But he did NOT mention American Agencies' motion.
May 12, 2004
What a day! Finally filed for reimbursement of costs of serving.
That was quite a job. So I drove the envelopes to my mailbox, on the way out I noticed that my wallet wasn't in my purse, but I figured it didn't matter, it's only a few miles.
The mail guy was early and had already left when I got there. I hadn't been to my local post-office in weeks and I don't feel good about leaving mail in the box overnight, so I decided to drop it off at the post-office.
They had a certified mailing from TU for me.
If they pulled their heads out of their asses for a few minutes at Strasburger and Price, they might just mail to the right address. It's beyond belief how screwed up they are. This is the second time they did that. Not to mention the insanity of filing that motion!
I thought that Strasburger & Price was a reputable firm, but the quality of their work is so poor, beyond belief ... more on that once I scanned it.
So I was ready to drive home after I read that motion and my truck didn't start. Had zero power, not even the radio worked and jiggling the battery wires didn't help either. And I didn't have my wallet. My first thought was that I had a lot of change in my purse, but then remembered that I gave all that to the Salvation Army people around Christmas.
Asked a few people whether they were going my way and finally decided to hitchhike home. I also didn't bring sun glasses and I wished a lot of people who drove by many flat tires. Fortunately one of my neighbors came along and gave me a ride home.
Took my old Scout to get my dog and the valuables out of the truck. I guess tomorrow I'll have AAA tow it to Kingman. One more thing to deal with ... and another day shot.
On the bright side, I got some exercise.
May 11, 2004
Angry Man's Web Site Nabs Traffic Death Suspect
Operator: 'I Never Thought It Would Lead To An Arrest'
"TAMPA, Fla. -- A business consultant angered when the suspect in his brother-in-law's traffic death didn't appear for trial started a Web site devoted to the suspect's capture - and it worked.
Rolando Pozo said he knew it was a long shot when he created the Web site as a diversion from the helplessness and anger he felt when suspect Carlos Giddings (pictured, left) missed his trial date. But on Friday, Pozo received an e-mail telling him where Giddings could be found. Hours later, Giddings was arrested."
Of course I have my own websites becaus I know the power of the web, but it does take more than a few hours to get results.
In this case, the web page was featured on local TV. Whatever it takes!
Former Vice President of Compass Bank indicted for fraud last year, what happened?
FUGITIVE COMPASS BANKER CAPTURED IN COSTA RICA
"On May 13, 2003, based on warrants from the Northern District of Alabama, authorities in San Jose, Costa Rica, arrested fugitive JEAN PIERRE "JOHNNY" HARPER, former Vice President of Compass Bank. U. S. Attorney Alice H. Martin stated "Harper is accused of defrauding Compass Bank of over $10 million in losses and fines while employed as a Vice President of Credit Card Operations at Compass' Decatur, Alabama, facility."
Wow, it's amazing what you find on the web. They ought to arrest the other Compass Bank execs!
Here is the entire Department of Justice 5/15/03 press release:
FUGITIVE COMPASS BANKER CAPTURED IN COSTA RICA
BIRMINGHAM, AL - United States Attorney Alice H. Martin of the Northern District of Alabama, C. Martin Keely, U.S. Marshal Service, and J. Christopher Murphy, Special Agent in Charge, U.S. Secret Service announced today that JEAN PIERRE "JOHNNY" HARPER has been captured and arrested on charges of Bank Fraud, Conspiracy to Commit Federal Offenses, Making False Entries in Bank Records, Soliciting and accepting Bribes, in violation of Title 18 United States Code Sections, 215, 371, 1005 and 1344.
Harper, Age 37, of Decatur, Alabama, was charged in a forty-six-count indictment in August, 2002, in U. S. District Court in Birmingham.
On May 13, 2003, based on warrants from the Northern District of Alabama, authorities in San Jose, Costa Rica, arrested fugitive JEAN PIERRE "JOHNNY" HARPER, former Vice President of Compass Bank. U. S. Attorney Alice H. Martin stated "Harper is accused of defrauding Compass Bank of over $10 million in losses and fines while employed as a Vice President of Credit Card Operations at Compass' Decatur, Alabama, facility."
The scheme involves Harper's employment at the bank and extends to "boiler room" type telemarketers according to the forty-six count indictment. In March of 2001, Compass Bank authorities discovered the fraud. They notified the U.S. Secret Service and requested investigative assistance. The Secret Service utilized Special Agents, Criminal Research Specialist from Washington, D.C., investigators from the Las Vegas Metropolitan Police Department, whom the U.S. Marshal Service swore in as deputy U.S. Marshals, and the legal expertise of Assistant U.S. Attorneys for the Northern District of Alabama.
After the August, 2002, indictment, Harper fled and became a fugitive. Special Agent Murphy contacted U.S. Marshal Keely and requested his agency's expertise in tracking Harper down. In late October, 2002, the U.S. Marshal Service took on the challenge and pursued Harper for almost eight months before he was traced to Costa Rica. The U.S. Marshal Service investigation revealed that Harper had driven his Ford Bronco across the U.S. border into Mexico, and then through Guatemala, El Salvador, Honduras, and Nicaragua on a two thousand mile trip to San Jose, Costa Rica, in an attempt to avoid apprehension. In cooperation with the U.S. Attorney's Office for the Northern District of Alabama, a provisional warrant was obtained for Harper. Working with Interpol and Costa Rican authorities, Harper has been captured.
"This case is a perfect example of total cooperation of the victim, Compass Bank, the U.S. Marshal Service, the Las Vegas Metropolitan Police Department, the U.S. Secret Service and the U.S. Attorney's Office" said Agent Murphy. "This is how it is supposed to work."
Assistant United States Attorney Michael V. Rasmussen and Ron Brunson are prosecuting this case.
Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
Upgraded MT
Since the comment spammers are back in full force and I just got the approval to participate in the beta testing, I upgraded.
I hope everything works ok.
May 10, 2004
Mortgage fax SPAM
Today I received a fax from an unidentified lender or broker, the # to call is 800-507-2008. The optout number is 888-211-9430.
They claim to speak Spanish and promise 99% approval.
I called to find out who they are and I spoke to a guy who claimed his name was Ray. Due to his strong Indian accent, I asked whether he was in India, and he acknowledged. I asked to speak to someone about a mortgage, and he told me he needed to get my name and # first. At first I objected, but since I really wanted to know who the company was, I gave it to him.
Then he wanted to know the value of the property, loan amount, interest rate, etc. I got pissed and told him to transfer me.
He refused, said they were the call center and that's what he needs to get prior to a transfer. It was odd that he frequently had someone tell him what to say. I asked for his supervisor, he insisted that he was the supervisor.
I finally told him that I wanted to buy a $15 million house with a $10 million loan in Beverly hills. He was so stupid, he asked me what the interest rate was. Just to get it over with, I said 15%.
So he told me that someone would call me in 5 minutes. ACK!!!! He lied all along. Very skilled. I fell for it.
I didn't give out my direct number, and 2 calls were placed to the number I gave him from 281-914-4674, no messages were left.
So I called (of course through a prepaid service so they don't get my direct #), and it was answered "hello." Asked whether this wasn't a mortgage company and he said "oh yes, Mortgage Finance." Told him that someone called me, and he knew who I was.
He said he would transfer me. Put me on hold, disconnected after 10 minutes.
I called back, this time he would really transfer me. I was disconnected after 3 minutes on hold.
I have no idea what is going on. Did I really call India? Are they fishing for refi leads to sell to brokers? That would suck, I was hoping that the fax came on behalf of a real company.
None of numbers got any results in a Google search. Does anyone know how I could find out who those numbers belong to with a subpoena? I don't even know which phone company they use, but it seems like there should be a way to find out.
I recently discovered that Ameriquest Mortgage purchases leads from spammers. There's a lot more to come. I am so sick of these corrupts businesses PAYING for that spam to be send to me. Of course there's more money to be made on the faxes, in Arizona it's only $10 per spam. But, there's also the unfair and deceptive practices act and many of the spams qualify.
Stamps.com is going to be named in my suit. I sent them 2 e-mails, requesting information about the spammer, I included the affiliate ID. I got no reply from stamps.com. Even at only $10, it adds up, since I get one or two on an average day. They will regret ignoring me.
THOSE are the companies who I want to sue and I believe I will be able to get settlements or judgments.
I really wished I wasn't so busy. I just can't keep up, so much going on, and 4 spam faxes and about 100 spam e-mails today, exluding the virus emails since they're filtered out.
I was so happy I didn't get any comment spam for at least a week, but today they're back, about 10 or so.
It gets old.
May 09, 2004
New American Agencies forum
They are such morons, apparently they felt neglected when I closed the CreditCourt American Agencies forum. They filed a motion to join TU in their motion for security for costs, and not only am I obviously objecting, but I'm finally requesting the officers' names and addresses since the corporation I sued, American Credit Agencies, is STILL suspended.
They've got some explaining to do, and they're up high on my list for the next press release. All it takes is some motivation with moronic motions :)
May 08, 2004
Why does Fox claim a right to a billboard, but consumers do not have a right to a checking account?
Fox Threatens to Sue Co. Over Billboard
"Fox claims the owners of the billboard, across the street from CNN's Atlanta offices, refuse to post a message trumpeting Fox's successes in the ratings war between the cable networks.
Fox lawyer Dianne Brandi said in a letter that Atlanta company Camfaux may have buckled to pressure from CNN not to put up the message.
"Should you choose not to put up the billboard immediately, we will consider all options available to us, including, of course, legal options," Brandi wrote.
I don't get it. How can it be that a bank can choose not to do business with a consumer who applied for a checking account for no reason whatsoever (as per Compass Bank attorney Robert Brooks) - but Fox claims a legal right to get their message on a bill board?
Compass Bank also refused to deposit my credit card check, because "it's their policy." That policy isn't disclosed anywhere, and it IS a "checking" account.
How prayers to God are dividing a local community
"On this "National Day of Prayer" we'll be told repeatedly that prayer is always a good thing and should be engaged in daily. That people of all faiths should come together and pray for the blessings from whatever concept of God(s) they may have to be bestowed upon our country, our communities and our families. We will hear of countless stories where the power of prayer has righted some wrong or cured some incurable disease or turned someone's life around and we'll be encouraged to make daily prayer a habit because it's always a good thing. Yet here in Michigan we have a perfect example of just how a daily prayer can cause as much harm as good and can bring hidden prejudices and fears to the surface. It reveals just how poorly many Americans understand what their rights are and just how selfish they can be in allowing others to enjoy the same freedoms and privileges they claim for themselves. Not to mention how little they understand the teachings of their own religion."
I can only second that. It's frustrating to see sentiments just like hundreds of years ago. Technology evolved - most peoples' brains didn't.
Mozilla Firefox is pretty nice, saves credit reports, BUT ...
... it doesn't show the formatting and link buttons in Movable Type 2.611 or 2.64.
I thought I was going nuts, I knew it had to be something "simple" since the 2 blogs are completely separate installations. It sure took me long enough to figure out that the formatting buttons disappeared only with Firefox. How strange.
The other big problem with Firefox is that I can't install the Googlebar with the form autofill.
Firefox has some great features though, I can bookmark the pages I need to set up new CreditFactors subscribers in one folder and the click on "open in tabs" and that's what it does - open all the pages in tabs, a tremendous time saver for lots of admin tasks.
Most important, and that's why I downloaded it, it SAVES the PrivacyGuard and other credit reports IE can't save, all I get is errors with IE.
So from now on, it's IE for form filling and MT postings, for everything else Firefox has worked great.
May 07, 2004
Going to name Retailers National Bank in my new filing
I recently spoke to RNB about why they lowered my Mervyns limit (nonuse) and asked that it be raised again, and they ran a hard inquiry. Since I have to file a new suit against Equifax and Capital One anyway, I'm adding RNB for that inquiry and the refusal to report the limit for Target.
It's weird, my Target Visa, Mervyns and JC Penney all report the limit, only Target doesn't -- and it's all the same bank, RNB.
MIS made a point of insisting that RNB verified the incorrect limit and I'd also like to find out why they didn't notify me that they lowered my Mervyns limit and they did not send me an adverse action letter.
It really sucks that I have to buy crap I don't need just to keep my credit limits.
And I know, I could buy stuff and then return it a few weeks later. I just don't see why I should have to drive to Vegas TWICE just for that. I haven't been in Vegas for a years and a half and have absolutely no need to drive to Vegas now.
Pictures
If you're into satire and strangeness, there's tons at http://www.rense.com/wtcsplshpage.htm
May 06, 2004
FTC settles with spammers
FTC v. Westby, Bevelander and Maps Holding B.V.
I'm not excited about this settlement. So they pay a few bucks, which the FTC gets to use to put out stupid brochures, probably telling people to buy spam blockers like they advise the purchase of credit reports to prevent ID theft.
I don't understand why they don't put the spammers in jail. Make room by letting the potheads out. It just does not bother me at all that people get stoned.
It DOES bother me that I get well over 200 spams a day. That's after I already eliminated most of my e-mail addresses. I get spams with the subject:
"Christine, server down." Do I look at that mail? You bet.
The FTC actions on spam are as silly and useless as on ID theft.
Capital One v. Creditrends
In my search for Capital One FSB I found this case docket.
"Demand: $1,832,000
Nature of Suit: 190"
Creditrends seems to be specializing in investor services. Did they say something bad about Cap One?
Personally, I sure wouldn't invest in them. While it won't be me who'll put them out of business, I sure hope that a class action will be filed and at least inflict major damages on Capital One.
How do I find the registered agent for Capital One FSB?
I'm in the process of refiling against Equifax and Capital One. The slime at Capital One managed to make me sue ** 4 ** different entities:
Capital One Bank
Capital One Services
Capital One Fincancial Corporation
Capital One FSB
I can't find the registered agend to Capital One FSB. Called the Virginia Corporation Office and they told me to call 800-842-6929. Got to listen to lengthy recordings at the Office of Thrift Supervision, for the agent I need to call the bank. Which I don't have.
My statements are from Capital One Services and Capital One Financial Corporations, but the missing limit disputes were verified by Capital One FSB. I don't have a phone number. Thank you OTS!
Am I the only person to think that it's pretty screwed up to have to sue 4 entities over credit reporting and disputes of accounts issued by ONE company?
May 05, 2004
Jail for man who left bag in airport
"A plumber who left an unattended bag containing a teddy bear, some fruit and clothes in an airport lounge was jailed yesterday for causing a full-scale security alert.
Magistrates sentenced Jose da Silva, 25, to 10 days under public nuisance laws.
Da Silva was waiting for a flight home to Portugal last Sunday when he left the hold-all in a departure lounge while he went for a cigarette at Birmingham nternational airport."
Unbelievable, I'm so lucky I don't have to fly.
Compass Bank dismissed - press release
Judge Broomfield ruled that the small claims court dismissal somehow was with prejudice. I would appeal if I hadn't also served Compass Bank after the 120 days were up, so it's rather pointless.
The press release goes out tomorrow, I had that planned since the obnoxious motion for costs by Compass Bank. Have to do a lot of scanning, been really busy.
Well, with proper motivation, I move mountains (i.e. start a new forum) even as busy as I am. Last year someone had a compassbanksucks.com forum and I was AMAZED how many complaints were posted. I think Compass Bank paid him to delete the forum and it's time this void is filled.
I wrote in my response to their motion for security for costs:
"The Compass Bank legal fees will be insignificant compared to the cost of lost business, litigation by other consumers and maybe even a class action.
Compass Bank exceeded plaintiff’s tolerance for abuse. Due to her lack of legal skills and resources, she is now focusing on publicizing the Compass Bank vile business and legal practices at her new web site http://compass-bank-sucks.com/ and in her 5/4/2004 press release. Plaintiff’s recent Bank One press release was read over 34,000 times."
So, you corrupt scum at Compass Bank and your vile henchmen liars, uhm, lawyers, I hope you'll enjoy the LOSSES:
The draft for my 5/6/04 Compass Bank press release: a $6 fee instead of a reward for returning $500
And at only $10 each (this one is $41, because I wantd to attach the evidence), I can send out those press releases regularily, with their responses. More likely, with their failure to respond.
Copies go to the Compass Bank Board of Directors.
This is what happens when I get pissed off. :)
May 03, 2004
CITIGROUP SETTLES FTC CHARGES AGAINST THE ASSOCIATES
RECORD-SETTING $215 MILLION FOR PREDATORY LENDING VICTIMS
"Due to the large volume of claims filed, eligible class members should expect to receive checks (or credits to their delinquent accounts) before the end of April, 2004.
In the largest consumer protection settlement in FTC history, Citigroup Inc. will pay $215 million to resolve Commission charges that its affiliates, Associates First Capital Corporation and Associates Corporation of North America (The Associates), engaged in systematic and widespread abusive lending practices, commonly known as "predatory lending.""
I'd sure like to hear from individuals who got checks - are they happy?
Despite this seemingly large settlement, Citi Financial continues to disregard borrowers' rights.
May 02, 2004
Still no Equifax report - despite my prepay over two years ago!
It's not surprising that Equifax boasts record profits.
As you can see on the screenshot of "myEquifax", they owe me 3 prepaid reports and one from over 2 years ago.
Yet, they refuse to deliver these PREPAID reports:
And don't buy all that crap they're selling, all these scores are ONLY sold to increase profits for Equifax, you have NOTHING to gain. ZERO, ZILCH, NADA, NICHTS!
The only thing worth getting from Equifax is the 30 day free Gold service trial (don't forget to cancel) and if you're working on your credit and need the scores, you may want to buy the report with the FICO score.
May 01, 2004
Arbitrator and mediator Joe Meyer on the record consumer debt and economic outlook
This is really interesting, Joe Meyer is an arbitrator and mediator for the NASD and NYSE and on the Art Bell show. So far, I definitely have to agree with his outlook.
You don't have to be a rocket scientist to figure out that an awful lot of money and debt has been created through the low interest rates and escalating real estate prices, and once rates go up, many consumers will default.
Already the debt negotiation business has been booming and bankruptcies are at all time highs.
Inquiries do NOT raise scores (ConsumerInfo.com lies)
I've been wondering why people have been insisting that inquiries raise scores.
Now I know where that entirely FALSE statement comes from:
5/1/04 PG-ConsumerInfo.com mortgage inquiries - deduplicated?
If this report was complete and FCRA compliant, I could see the "soft" inquiries, including my own. Still wondering whether someone ordered my Equifax.
I applied for a mortgage (long story to be told at another time) and they apparently used Equifax for the mortgage credit report. It is odd that Equifax reports the inquiry as "Miscellaneous Reptg. Agencies", Experian as "Mortgage Reporters" and Trans Union as "Miscellaneous and public record."
Also, there's the 2/27/04 RNB inquiriy, when I called after they lowered my credit limit. I don't think I got an adverse action letter, looks like all I got is a hard inquiry. Hmmmm ....
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