Bronson & Migliaccio hauntings

[unusualsuspect]

Happy to help.

CMRR - Certified Mail, Return Receipt.

///

CACH is a subsidiary of Collect America (their other subsidiary CACV sued me in CA).

[maddesthatter1959]

Does any one have a address for Jacobson & Associates or Marval & Associates, I am being harrassed and they will not give me any information on them.

[unusualsuspect]

The only addresses I have at this time are:

Marval & Associates, LLC
PO Box 974
Getzville, NY 14068

OR:

their registered agent in Delaware:

BUSINESS FILINGS INC.
108 WEST 13TH STREET
WILMINGTON, DE 19801

[deep-n-debt]

maddesthatter1959 - now that you have their address(es), and if you plan on sending any correspondence to them, be sure that you include the address in delaware as well. If you read my entire thread, you will see that the certified letter I sent them on 10/30, that reached their PO Box on Nov 3rd, has yet to be claimed. My next step is to send a CMRR to their registered agent.

Good luck to you!

[LUEser]

Originally Posted by deep-n-debt

So Bronson & Migliaccio is the Collection agency for the Junk debt buyer?? Well if the JDB barely has a leg to stand on then B&M is even further removed.

oh boy....

This gets so convoluted sometimes, that it can really be confusing at times. I'm still new at all of this, but learning lots as I go.

Let me see if I can break this down more simply. Care sold the instrument (contract that gives rise to the debt) to CACH.

At this point Care is made whole, so Care has no fiduciary interest in the account anymore. Go ahead and let the OC disappear out of the picture for now.

Since the account was sold, servicing rights of the account were also sold. As such, CACH has the right to collect as the account is now theirs. (This can be attacked in court, but we'll keep it simple for now) and they can collect on their own behalf if they want to. But they won't.

CACH, like many other high-volume junk debt buyers ASSIGNS servicing rights to a CA. In this case BM.

From there, since BM are not authorized to collect in your state, they SHOULD have reassigned servicing rights to a licensed CA for your state. Or alternatively, assigned the account to an attorney and authorized him or her to file suit.

Funny, neither of those to happened. So under the FDCPA, aside from the crazy claims you already have on these guys, you also have them on the clause "taking or threatening to take action that cannot legally be taken" in this case collecting without a license in a state where they are required to have one if your state sees them as a CA. Or if not, then you have them for the illegal practice of law, which again even if they don't have to be licensed under the AZ collector's guidelines, the FDCPA may still paint them as collectors under its purview and you still have an FDCPA claim under the same clause mentioned above.

It's helpful to remember that right to payment and right to service an account are two different things. While CACH won't forfeit their right to payment unless they too sell the debt, they can transfer servicing rights to a CA, and said CA can transfer servicing rights (if allowable in their contract with CACH) to another CA, and so on and so forth.

See where the chain of custody comes into play?

I'm not sure whether or not AZ has ruled similarly, but here in TN the state has decided that there are distinct circumstances when, even if an entity is a lawyer or lawfirm, it can also be considered a debt collector. It all depends on the capacity in which they are acting.

If they are calling and mailing letters like a Collection agency, and such letters aren't summons to court, then they are acting the capacity of a CA. If they are suing you on someone else's behalf, then they are acting as lawyers. That might be something for you to check into just to see if AZ has made such a similar distinction.

[unusualsuspect]

Well you're on the right track...

Care sold the debt to CACH. CACH hired B&M to collect on the debt.

The OP asked B&M for validation of the debt, B&M is stalling. (Probably because they don't have any documentation)

AZ has a licensing law for CAs, but since B&M is a law firm, they are exempt from being licensed as a CA. The AZ Bar is not really interested in complaints, however, I think it's still warranted.

But as far as I know, AZ has not made the distinction between law firms acting as CAs vs. law firms acting as law firms...

[deep-n-debt]

Very helpful! VERY helpful!

Lert me clarify, as we keep using B&M and that situation as an example (but I totally get the connections now).

B&M received my DV letter. They responded with a stall tactic, and I haven't heard a peep since then, no phone calls and no further written communication.

NOW, the biggest thorn in my side, has been Marval and Assoc (aka Jacobson and Assoc, and most recently presented themselves as EMG and Assoc). THEY are the one's that have been creating the FDCPA violations that we all have been commenting on lately.

I sent them a DV letter CMRR which they have yet to claim. I'm sure they see it and know darn good and well what the letters about and if they don't claim it, then they don't 'technically' have to abide with the requirements to provide me with validation and are not officially notified to not contact me and mine anymore, which they still do, just had a call today, about an hour ago, and before that, was I think about 2 weeks ago, then posing as EMG and Associates.

Unusual suspect suggested I fax them and then lets see what happens, but I need to go to a UPS store or something unidentifiable to me, to fax it, and I just haven't done that yet. I am also in the process of preparing a DV letter to their registered agent as well.

I find it SO hard to not unload on these people in the correspondence, but no worries, I DON'T, as I know that will only work against me in the long run.

Now I have another "attorney" calling my ex sister in law (of over 23 yrs ago). The last person that called her mother (my ex mother in-law) was from B&M, this is from "E- assets" and the # ties back to Eastern Asset Management. When I google them, I find connections to an attorney by the name of John Nicolia (again out of NY). I have had an unknown # call me once before, it was about a month ago maybe, and when I tracked that # down, it turned out to be John Nicolia, so that ties these 2 together....so that will be my next burden I guess. I researched eastern assets mgmt and nicolia yesterday and have addresses for each, so I am planning on sending DV letters to each, changing the wording around a little to refer to "multiple phone calls" , and then the rest of the standard letter, since I don't have anything in writing from them. That's what I had to do to Marval/Jacobson, as those were only phone calls as well, never anything in the mail.

Right now, I have 6 voice mails recorded from Marval/Jacobson. I believe each one holds a violation or two.

What kind of an attorney do I look up to take this to another level?

This is something I found on line today from someone posting in October: This was cut and pasted from what I googled.

716-828-8986 phone number comments:
kelly - 15 Oct 2009
Marval & Associates (posing as Jacob & Associates) My attorney traced the number. Looking at a $1000 from these idiots. Once again they violated the Fair debt act by contacting me after being notified not to call, and once again threatened criminal charges.The best part is, I recorded the message he left and the name he used was the same as the owner of Marval. I have already filed complaint and have case numbers. My attorney will be contacting the these authorties to update the cases.

Any ideas, comments, help? "US"- can you find out who the owner of M&A is, I have names on my recordings, and I am curious if any of them are the owner, such as the story above. You can email it to me directly if thats better.

Thanks in advance!
DND
________________________________

Update - After I wrote the above, and got home, I just had a brand new # call me just now, caller ID = 702-567-8598, caller references 866-358-4608. Googled both #'s and find the 866 # is tied to EMG Marketing Group. Sound Familiar? "EMG and Associates"? But this # is different and the person calling is new, never references EMG Mktg, or any company name for that matter. Just says "very important information" that I "must receive today".....this message is recorded now along with my other 6, although it appears they have switched gears...not sure. But when I googled the 800 #, this is what I found and I would like to know what you know about these prepaids cards the OP is referring to: (this is cut and pasted from what I googled)

EMG is Emerald Marketing Group-its a payday loan company i wonder if there fraudulent because i have a loan pastdue with them and they do not accept moneygrams they want you to pay with a prepaid card -i asked for an address they said the payment can not be sent thru the mail-any help out there?

Myself, I did have 3 or 4 smaller payday loans (BIG mistake), at the beginning of the year (2009) then they went south when my employment went south. I saw it coming so before they could take the next prearranged payment from my bank acct, I emptied and closed by bank acct. So I am solid with the bank, nothing ever went negative with the bank, when they went to withdraw the next allotment, the bank would have returned it as the acct was closed. I confirmed this with the bank before I closed it. I have since opened a new account and a new bank and all is well there. But no way in hell will I provide my new bank information. But I am wondering how these prepaid cards would work. I have googled and cannot find an address for Emerald Marketing Group so that I could send a DV letter, so now what? How would I deal with them?

Thanks

[gorper999]

Unusualsuspect-Do you have time to look at my post which is a couple of posts below this one?"Need help on this" Gorper999 Sounds like you could give me some good advice.

[unusualsuspect]

DnD---

Traced the 702 # you posted -- came back to an Embarq (telco) switch in Henderson. A little bit more digging got me this:

EMERALD MARKETING GROUP, LLC
1489 WEST WARM SPRINGS ROAD SUITE 110
HENDERSON, NV 89014

Managing Member:
THOMAS P O'DONNELL

This has got to be them since the telco switch ties them physically to the same area. It's a strip mall and the office appears to be behind a 7-11. Next time I'm in NV, I can check it out.

There was a website -emeraldmarketing.llc that is tied to them, but is not operational.

From some other stuff I've read on the internet, this is who you are looking for.

[deep-n-debt]

US - you are truly amazing! Thank you once again! I knew I could count on you.

DV letter will be going out to them now. Although I think somehow they are going to be tied to whatever Marval/Jacobson is collecting for, as the person from J&A referenced EMG and Assoc (the similiarity is too uncanny). So I venture to think that Marval is collecting for Emerald Marketing, although, Emerald is a CA as well as M&A/J&A...or maybe they have just passed it on to Emerald Mktg now, however the original calls I received when my PD loan first went south were from Emerald Mktg...so maybe they are not related afterall - (sorry, just thinking out loud).............hmmmmm. Oh well, time will tell, as I'm sure I haven't heard the last of any of them yet.

[deep-n-debt]

Update

Hee, hee, heeeeee, let the games begin!

Guess who finally picked up their CMRR that was sent 10/30 and that has been sitting in their PO Box since 11/3? If you guessed M&A (aka J&A, aka EMG&A) then you are the big winner.

Signed for it at 2:28pm today (I assume Eastern time), THEN at at 2:43 AZ time I had a call from Emerald Marketing 866-358-4608, which I did not answer and they did not leave a message. I'm sure the green return receipt will come soon. I received email notification that the letter was 'delivered'.

Now, this could be the Emerald out of Henderson, I don't know, and I also don't know if the "EMG & Assoc" that the guy from J&A referenced is one and the same as Emerald Mktg, but its quite a coincidence, and if it is, they called me roughly 2 hours AFTER they were in receipt of my DV letter, which requires them to validate and not contact me anymore. Maybe a violation, but the only record I have of it really is only my caller ID on my cell, .....so far. Side note: M&A/J&A has never identified an OC, so I still have zero idea of which debt (if any) they are calling about. But since they did reference EMG & Assoc that one time, I am only assuming the it may be for Emerald Marketing. I am sending the DV letter to Emerald Mktg on Monday the 30th.

I hope everyone has a wonderful Thanksgiving! I am giving thanks for this website, as I have been helped tremendously.

[unusualsuspect]

I'm willing to bet that EMG is probably working one account, while M&A is working another. I highly doubt they'd work the same account...

When I did a search on Emerald, I got all the Google ads bringing up payday loans. So I am thinking we've identified the right Emerald. Couple that with physically tying them to the same telco switch in Henderson tells me I'm on the right track.

If Emerald did call you, there's no violation...if it were Marval/Jacobson, then you'd have a nice violation there... as part of my Holiday Good Wishes Campaign, I am suing one CA for doing the same thing-calling 2 hours after receiving my DV letter... along with 6 more robocalls to my cell phone...

[LUEser]

Nice to see you're making the TCPA work for you US.

I've got a few of those lined up myself from some "OCs" that just won't stop calling my ladyfriend at work (A hospital) 47 USC 227b(1)(A)(ii)

"(b) Restrictions on use of automated telephone equipment
(1) Prohibitions
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—
...
(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or...

It's extra nice to know that the statutory damages aren't capped like in the FDCPA, and since they've been put on notice, there's a good chance that subsequent calls will be made and will put them in the category of 47 USC 227b(3)

(3) Private right of action
A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

IMO more people should become familiar with the TCPA and use it to their advantage.

Prior consent through a business obligation can be rescinded at any time if they're making calls to the cell.

[deep-n-debt]

UnusualSuspect - I would tend to agree with you about two CA's not working the same account, but Emerald Mktg really would be the only possible creditor that I know about that even slightly resembles "EMG & Associates" referenced on that one call. So, I don't know, maybe Emerald plays it for awhile then they try to have Marval/Jacobson strong arm me and when that doesn't work, Emerald takes it from there....maybe they are associated somehow. Hmmm. Well, I suppose I will know soon enough IF Marval sends me anything in response. Remember they never sent me anything in writing. I rewrote the first paragraph of the sample DV letter to mention receiving multiple phone calls, that I never received anything in writing after asking the caller to do so, that if they have documentation that I owe a debt...then I went in to the rest of the standard letter. I also mentioned in the letter that I was able to trace phone #'s and was able to tie M&A to J&A, which is how I obtained their address....I just wanted them to know that they can't hide behind their phone.

So we will see what happens.

[flacorps]

Originally Posted by unusualsuspect

The only addresses I have at this time are:

Marval & Associates, LLC
PO Box 974
Getzville, NY 14068

Getzville is 20 minutes from Buffalo, which is ground zero for small, fly-by-night abusive collection agencies.

[deep-n-debt]

Just had a call from a 668 area code (which I really didn't think was from the US), but the message left was from the same person that called last week from Emerald Marketing Grp. Same guy, name and spiel. I find it interesting that they are using the caller ID # that they did. They will stop at nothing, but clearly idiots if they think I will answer the phone when I don't recognize the #. I googled the #, and just find a bunch of BS, which is what they knew I would find, but other searching leads me to believe that its a # out of Thailand, and its a cell #, so maybe these jokers have a bunch of prepaid, on-the-go phones that they bought out of the country, so they can't be traced.....BUT they left a voice mail, so that connects them right there.

Something else that I just realized, as I am creating telephone transcripts of all the voice messages left from all the different CA's calling, and I just realized that the messages left on 11/20 and this morning from Emerald Mktg is identical, down the fluctuations in his voice and how he says each word, and what he says. So besides the obvious automated calls, is this what people are referring to when I see "Robo calls"? You'd think I would know this by now, but all the calls I have recieved have actually been from people and not automated, or so I thought.........

[unusualsuspect]

Robo-calls are the automated voice messages left on your VM...

They sound like this:

"This is a message for <NAME>. Please call us at 800-xxx-xxxx to discuss an impotant matter. Please reference account ##### when calling."

These types of calls are a violation of the FDCPA because the CA is concealing the fact they are a CA.

In fact, as part of my Holiday Good Wishes Campaign, I am suing a CA for leaving 6 of these messages - 1 after receiving my DV letter. If they pay, it'll be $1,000 for the violation of FDCPA and $1,500 per call under the TCPA.

[unusualsuspect]

So I did some reasearch on the 668 area code. It does not exist. It seems like Emerald may be spoofing their caller ID since you're not picking up the phone. That, I beleive is an FDCPA violation.

Send your DV letter to Emerald and call them out on the spoofing. See what happens...

[deep-n-debt]

Unusualsuspect -

EMERALD Marketing -
DV sent today. Ball is in play. I didn't mentioned the robo-calls, only that I receive a call, and mentioned the man calling by name (I had it typed up before the 2nd call)

Here is my transcript of the 2 identical calls from Emerald:

" My name is (he says his name). Please contact my office at 866-358-4608. There is some very important information that you must receive today. That # is 866-358-4608".

Each call is identical, as I mentioned before, all the way down to the fluctuation, and emphasis on certain words, the person calling, etc. Identical! So clearly from what you said this is a robo-call. Notice, he does not identify that he is calling from a CA, or anything about the reason for his call, he doesn't even identify ME. I have both of these calls recorded on my cell phone still, plus I have it typed out for the NACA attorney that I have located, but not yet contacted. I want to wait for any replies I may get from the other DV letters still out there. But I have his # ready to go.

ACADEMY -
Today's mail had response from the DV letter I sent to Academy out of Philadelphia, PA. All they did was send a photo copy of an invoice to me from the OC for the month of June, July and August of 2009. I suppose that is suppose to tie me to the OC, which it does. Is that sufficient? Also, they failed to verify that they are licensed to collect in the state of AZ, did not provide the information of their registered agent, or that I owe THEM. This is how their letter to me reads:

Enclosed please find the information you requested. Although your account may be closed with our office, we wanted to provide you with the information you requested. (what do they mean "Although your acct may be closed with our office..." ? This is brand new from them, that verbiage makes it sound like they have closed the account....confusing. Its not like this is an old acct that they have had forever and have now sent it on to another CA) They also included a return envelope for me to send them payment, so nothing is closed. I suppose they are referencing that once I pay them, that they will be closing the acct opposed to the OC (?)

It goes on to say....

This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose (yada yada yada).....

[I]Federal law prohibits certain methods of debt collection, and requires that we treat you fairly You can stop us from contacting you by writing a letter to us that tells us to stop contact. Sending such a letter does not make the debt go away if you owe it. Once we receive your letter, we may not contact you again, except to let you know that there will not be any more contact or that we intend to take a specific action.[/I] (umm, I'm sorry, but didn't my DV letter request that they stop contact with me?)

They go on to tell me what the FDCPA enforces, and provides contact information for the FTC if I have a complaint about the way they are collecting my debt. There is an attached page about the disclosures required for certain states (CA, MASS, CO, MN, NC, NY and TN) Nothing about AZ, or anything showing that they are licensed to collect a debt in AZ.

SO - I want to send them a letter back (let me know if I should), that says to them that I received their letter, however they failed to provide all of the information requested (such as being licensed to collect in AZ, providing information about their registered agent, nor any evidence that I owe THEM).

Any advice on that?

[unusualsuspect]

OK--

Dealing with Academy... unfortunately, it appears they are licensed in AZ. So you can't pursue this angle. However, send them a letter and thank them for closing the account and to never contact you regarding this alleged debt again. This will get them off your back. If they continue, start filing complaints with AZDFI (the FTC will do little or nothing to Academy, but AZDFI can and will issue CMPs) and possibly file suit against them for an FDCPA violation and harassment.

Emerald-- DV is off... so now it becomes a waiting game with them. I have not been able to conclusively figure out if they are a CA or not. So at this point, I'm at a loss... I'd go ahead and keep logging the calls. I am thinking they are an FDCPA violation, especially if Emerald turns out to be a CA.

I bet you haven't heard a peep from B&M or Marval yet... I'd go ahead and sue Marval and Associates for their violations, it could result in a very Merry X-mas for you.