The complaint has been investigated and
resolved to the customer's satisfactionResolved First Source Advantage — Law breaking
resolved to the customer's satisfaction
First Source Advantage banks on the fact that most consumers do no know the laws or their rights. I for one know both. This company has violated my rights and Public Law Fair Debt Collections Practices Act. They started calling me in December of 08 offering a settlement on an old outstanding account. I accepted the settlement and told them if my Christmas bonus was enough I would pay this on Dec 27. I then started receiving at least 3 calls a day asking me to put this on a post dated check. I refused to do so as I dont have a checking account nor would I write it when I dont even know if the money would be there. I then received a notice on Dec 18th that I had given them a post dated check in the amount of the settlement. I called them and stated I received this letter but I had not given them a check the man stated that he knew that he used someone else banking information in order to "hold the settlement for me" I was so shocked that he did this that I informed them that I would not be paying this bill thru them and I ordered them to cease and desist all communications with me at that time. I also informed them that every call they made to me cost me money as they were calling my cell phone and that the FDCPA states that their actions may not cause me to incure any cost. From that day on I started receiving phone calls from them at least 10 times a day including 17 phone calls on Christmas Eve. I called them again and informed them that they were put on notice to cease and desist all calls to me as every call they made to me after that was a violation of the law. I also informed them that the law states making a phone ring in order to harass a consumer is a violation and I felt harassed by so many phone calls a day. The other problem I was having is the FDCPA gives me the right to sue a debt collection company and the debt collector individually for any violation but First Source Advantage makes their calls from and their incoming calls go to India. I do not have the ability to sue, depose, or otherwise bring action against an individual in India so again my rights under the FDCPA are being violated. On Thursday January 8th I received 12 calls that morning and was getting very frustrated. Then I received a call from my sister stating that they called her and gave her my name, address, social security number, home phone number and cell phone number and then told her what bill they were collecting on. The FDCPA states they can only call a third party for location information. Since they gave her all that information they already knew this information and had no right to call her. Also, the third party disclosure of the fact that I had a bill and which one it was is just another example of the gross misconduct of this company. At that time I called again very irate. I spoke with a Mr Mconnely and he admitted he third party disclosed and said "hey it worked you called us back." I tried to politely ask him to again cease and desist and he refused stating they would continue to call me and my family until I paid my bill. Then he stated they would involve the local police department as the check I gave them by phone bounced. I told him to call the police as I had not given him a check he said yes you did and I have it on tape. I asked him to play the tape for me as I have no checking account and he is accusing me of committing bank fraud and he refused. I instructed him to keep that copy available as my attorney will want to hear it and ended the call. About an hour later I was called to the hospital as my daughter was taken in for possible gall bladder attack. While at the hospital still on Thursday they called me 2 more times. Friday rolled around and I received less calls than usual only 5 that day. I answered all 5 told them I was at the hospital and to again never call me again but yet it continued. I informed them again that under the FDCPA you can only make one unsolicited contact with a consumer a day and I had already spoke with them several times and this was yet another violation of my rights. I returned home Saturday morning from the hospital ready to get some rest and at 8:14 in the morning they called me again. I asked for the compliance officer and they refused I asked again to speak with someone in America and they refused. He did admit to all of the fraud and violations and claims they will not call me again but did tell me they were going to take me to court. Frustrated I reminded him he was in India and had no jurisdiction over me and pleaded with him to get an Ohio attorney and file against me as I would love to see them in court. My course of action is to post this story on every complaint board I can find, I will be filing a complaint with the Ohio and New York Attorney Generals offices, the BBB, and hopefully filing suit against this pathetic company in a court of competent jurisdiction. I have been in collections as a manager for 15 years and I would never tolerate such ignorance of the law. I hope that someone in our government takes note that allowing collection agencies to violate the laws and hide behind the fact that their agents are in India and cant be sued personally is bad for the American consumer and bad for a badly needed industry, Good legal bill collectors.
I had just completed writing this and was getting ready to send it as I received my third call of the day still on saturday the 10th and it is not even 9 am yet. I asked him why he was calling me and he said cause your a ### and I wanted to tell you to suck my dick. I hung up the phone sent this letter and now intend to call the police.
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