Good Evening myFICO Friends;
I'm posting this for your opinions, below is an email my son received last night at a strange hour for business. After reading & trying to track down the authenticity of the sender, I've come to the conclusion that it is some type of scam. My son unfortunately did take out a pay day loan of some sort but says it was for $500 not 400. He has never received anything via USPS mail from this attorney.
I'm concerned since the sender had his actual SS# & name. I X’ed out his email addy, name & SS# but everything else is exactly as received. I'd appreciate any advice on how to handle this, as well as all feedback. Thank you in advance for feedback.
From: "ATTORNEY JOHN CARTER" <email@example.com>
Date: Mar 7, 2017 3:15 AM
Subject: FINAL NOTICE BEFOR LEGAL ACTION
NAME :- XXXXXX XXXX
SSN :- 0000000000
BANK INFORMATION :- bonneville bank , 124303120 , 21772700000000
LOAN COMPANY :- Advance Cash Pay Day Loan
LOAN DATE :- 5/21/2014
LOAN AMOUNT :- $400
DUE AMOUNT :- $1,825
SETTLEMENT AMOUNT :- $1,225.00
LAW SUIT FILE NO. 17#1027
This legal proceedings issued on you docket #: 3616 with one of Advance cash pay day loan company in order to notify you that after making calls to you on your phone number we were not able to get hold of you. So the accounts department of cash advance has decided to mark this case as a flat refusal and press legal charges against you.
Already we have sent you several notification but you failed to respond on time. Now it's high time, if you failed to respond in next 24 hours we will register this case in court. Consider this as a final warning and we will be emailing/ fax this issue to your current employer to make sure they take strict action against you. Your salary and all your wages confiscated.
The opportunity to take care of this voluntary is quickly coming to an end . We would hate for you to lose the option of resolving this before it goes to the next step which is a lawsuit against you. If you want to stop it now you must take immediate action.
We will be forced to proceed legally against you and once it is proceed the creditor has entire rights to inform your employer and your references regarding this issue and lawsuit will be the next step which will be amounting to $6526.65 and will be totally levied upon you and that would be excluding your attorney charges.
If you take care of this out of court then we will release the clearance certificate from the court and we will make sure that no one will contact you in future.
Kindly let us know your clear intention by today onwards so we can hold the case file else we will submit the paper work to your local county sheriff department and you will be served by court summons at your door step.
Note: this notice is provided to you on behalf of cash advance incorporation and its parent company, and their respective family of companies including cash advance, its parent company, cash America international inc., and all of their respective subsidiaries and affiliates, (hereafter collectively referred to as ''cash advance related companies," "we," " our," or "us"). The cash advance related companies include, but are not limited to: cash advance, cash America international, inc., and all of their respective subsidiaries and affiliates, including those that operate under the trade name cash advance, 100 day
loan, net loan USA, fax free cash, payday one, sonic cash money tree, egg loans, check cash loan, quickly payday, personal cash advance,
Rapid cash, sonic payday, speedy cash, fast cash, cash net USA, my cash now, national payday, paycheck today, payday ok, cash central loans, cash net 500, cash net USA, allied cash, super
Pawn, check into cash, check smart, cash America net, cash America, cash America pawn, cash land, super pawn, cash America payday advance, or any company-owner Mr. Payroll locations.
"You" or "your" means you as a participant in or as user of the products and/or services offered by cash advance related company.
We may report information about your account to credit bureaus, late payments, missed payments , or other defaults on your account may be reflected in your credit report.
Do revert back if you want to get rid of these legal consequences and make a payment arrangement today or we would be proceeding legally against you.
To resolve this issue contact us during the working hours Monday to Friday 09:00 am to 05:00 pm est by reply back to this e-mail us back in order to get in touch with the representative.
Note: This Case Is Under Investigation With Major Credit Bureaus.
NEW YORK LEGAL GROUP OF ATTORNEY
Sr. ATTORNEY JOHN CARTER
Confidentiality Statement & Notice: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and intended only for the use of the individual or entity to which it is addressed. Any review, re transmission, dissemination to unauthorized persons or other use of the original message and any attachments is strictly prohibited. If you received this electronic transmission in error, please reply to the above-referenced sender about the error and permanently delete this message. Thank you for your co-operation.
A quick Google search for Attorney John Carter returned this:
A quick Google search for Attorney John Carter returned this:
Thank you SteelCity66. I found a similar site with a complaint for Attorney John Carter in NY
I'm really interested in advise on a direction to follow, if there is one. My concern is how he was able to obtain personal information, such as a SS#. If & where I can report this scam? Any information that may point me in the right direction.
One clue that it's a scam is that it's poor English, spacing is incorrect, and punctuation is incorrect. Also has a list of keywords at the bottom.
I def think it's a scam.
However, since you say they have your son's real SSN and he did have a loan w that company, I wonder if the payday loan database got hacked? I would contact them and let their IT dept know about it.
I got no further than the "attorney's" email address before I knew it was a scam. @yandex.com? Seriously? Yandex is the Google of Russia. Enough said.
Additionally, their communication is considered to be an "initial communication with the consumer" that triggers their requriment to send a formal dunning notice including advisement of DV rights no later than 5 days after that initial communication.
Once the five days have expired, in addition to any false representations in violation of FDPA 807, they will also be in violation of dunning notice requirment under FDCPA 809(a).
You can bring civil action for each violation of the FDCPA, which entitles the consumer to award of $1,000 per violation. See FDCPA 813.
I would additioally send a formal complaint for each violation to the CFPB.
While it is 100% a scam I would tell your son to put a security freeze on his credit just in case the scammers move to start applying for credit in his name. You can put one on each bureau for $5 (at least where I am in arizona) it will prevent any new credit applications being approved and no hard inqs either.
I had a similar issue with a company once - they even had my bank account number. They were even calling my family. I closed my checking and added an alert on my CR's. Sent a debt validation letter as they 'didnt' accept a verbal request. Sent it certified mail etc - never heard from them again.