Michael Hornak, Rutan & Tucker - re. Keith Hyatt, Infasource and Leads To Results junk faxing
I hope my e-mail is selfexplanatory.
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Michael T. Hornak
Rutan & Tucker
1/24/05
Dear Mr. Hornak:
I am very glad you wrote! Although I’m perplexed because your letter states that you also faxed it and I didn’t receive the fax.
All I can find in the logs is a hangup call from 714-641-5100 on 1/12/2005 at 3:31:09 PM - which seems to be your telephone #. Am I not getting the “real” faxes?
I sure don’t have a problem receiving the junk!
Please let me know whether you really faxed your letter, when and to which number so that I can check into this.
Please accept my apologies for the late reply, unfortunately I don’t enjoy the luxury of postal delivery, so I received your letter last week just before my hard drive crashed and I’ve been very busy.
However, on 12/14/04 I had sent e-mail to your client Keith Hyatt, and when I received no response, I had faxed my request for review of my publications relating to your client on 12/23/04 to Larry Cerutti, partner at Rutan & Tucker.
Did they not get my email and fax and that’s why they didn’t they respond?
While the Dana Capital press release contained only a few paragraphs about Mr. Hyatt’s activities and your firm, I am now getting ready to dedicate an entire release to Mr. Hyatt, Laura Archer, Prime One Financial, Leads To Results, etc. and the people in charge. As always, I strive for accuracy in my publications.
The issues:
1) I am suing Mr. Hyatt not as officer or owner of Infasource and Leads To Results, but as an individual involved with the illegal faxing. Therefore, Infasource, Leads to Results and Mr. Hyatt are liable under the TCPA.
2) You stated that Mr. Hyatt does not own Leads To Results, Inc. I apologize for my apparently erroneous conclusion that he owns Leads to Results, Inc. because he is still listed as its registered agent at 7700 Irvine Center Drive Ste 220 as of today.
a) You wrote that Mr. Hyatt was no longer employed since “at least September 7, 2004.” Please provide a description of you client’s duties at Leads To Results.
b) How do I serve Leads To Results? I don’t understand how your client can be the registered agent at their address when he hasn’t been an employee for over 4 months and presumably is no longer at that address.
3) Your client personally provided me with the 800-853-2393 and now you claim he does not own this number. Did I misunderstand, does he own a similar number?
4) You claim that I registered for junk faxes. Is this your idea of a joke?
Nobody ever “registers” a number to receive mortgage junk faxes. Your absurd claim may well be the reason for the FCC ruling requiring that junk faxers need to obtain written permission prior to faxing.
Please provide me with those records you claim to have so that I can sue the person who fraudulently “registered” me to receive junk faxes and I also need to file an ID Theft complaint with the police. Please provide me with the exact process to register for your client’s junk faxes. Should the Deputy contact Mr. Hyatt about this matter?
Last time I filed an ID Theft complaint, the Deputy wouldn’t investigate because I didn’t have the names and contact info for the people/companies involved and I’ll greatly appreciate your cooperation.
I was subjected to ID Theft last spring and I am extremely concerned.
5) You wrote that Hyatt has not engaged in the conduct asserted in my complaint and that he is prepared to execute a declaration stating so under penalty of perjury.
Mr. Hornak, I will dismiss your client from this action as soon as I have the original notarized declaration stating under penalty of perjury that he never had anything to do with the sending of unsolicited faxes, including during his employment with Leads to Results.
I don’t know how it can be that your client admitted to me on the phone that he has sent the faxes, maybe someone impersonated him too?
Isn’t it amazing how *somebody* pretended to be me and registered me to receive junk faxes and *somebody* pretended to be your client and gave me an incorrect phone number, admitted to the faxing and provided me with Larry Cerutti’s name and address as his attorney!!!!
If this is really true, would you please consider representing both me and Mr. Hyatt so that we can go after these unscrupulous imposters and share the associated legal fees?
With respect to your complaint about my publishing that Premserv Mortgage and others share the offices with Leads to Results, I obtained this information from public records and I see no reason to remove it.
Apparently you don’t understand the purpose of my publications - to expose the scumbags AND the corporations and people who associate and do business with the scumbags. If they don’t like being mentioned in the same sentence with the scumbags, they ought to move out - or kick out the scumbags - whatever works for them.
I’m a big fan of personal responsibility and since the regulators and courts are really not doing their job and everything takes forever and scumbags merely start new corporations to continue with their illegal activities, this is a much more effective way to at least isolate the scumbags and help other litigants by sharing my research.
Mr. Hornak, I you feel the need to sue me for defamation or anything else, please don’t bother to pay to have me served. I will certainly accept the waiver of service, you can just fax it to me.
I’m looking forward to take this matter wherever you like to take it - dismissal of your client or your choice of court and location - it’s your and your client’s call. I hope to hear from you soon.
Very truly yours,
Christine Baker
c: posted at [this URL]
Comments:
Christine, got this junk fax today. I can't tell you how shocked I was to receive it. Hope these people don't try to tell me that "I" signed up to receive this one. They are a collection agency catering to Funeral Homes, that's right I said Funeral Homes. Are they trying to tell me something?Anyway, they faxed me 10 full pages of sells pitches to convence me that I need there services. I did find it interesting on some of the things they use as selling points to get a Funeral Home to let them take over their collections.
I'm not going to scan all 10 pages. But here are some exact quotes for the fax:
From:
Pierce Hamilton and Stern
6931 Arlington Road
Suite 400
Bethesda MD 20814
1. We are endorsed by the NFDA (National Funeral Dirctors of America, maybe?)
2. You will get 70% of monies collected on accounts less than 12 months old; 50% of monies collected on accounts over 1 year old.
3. We accept all forms of payments from people who have been referred to them for collections.
4. We are a Western Union affliate-Money orders come straight to them.
5. Caller ID technology-We find them, regardless of where they may *now* live.
6. Mixing modern technology and old-fashion detective work.
7. No Up Front Cost, Lowest Fees in the Industry? (huh?)
8. Report to ALL THREE national credit bureaus.
9. Memeber-American Collectors Association
10. Pay-My-Debit.com (?)
11. Recomment sending accounts in for collections less than 120 days old, the older accounts, the greater likelihood of disuptes and non-payment.
12. We accept accounts less than 4 years old from last date of payment.
13. Be sure you get the social security numbers of the relatives to aid in collection, reporting and skip-tracing.
14. Include the obituary with account information so that we can contact relatives.
15. Some states are more difficult to collect than others, PA, TX, NC, SC, and FL all are non-garnishable states. Be willing to settle in these states.
16. Once an account in place for collections it cannot be sent to another agency or attorney for collections. Any payment make to you after an account is set to us, must be immediately reported to PHS Client Service Department.
How your account works:
* Accounts reviewed for necessary, legible infomration, data entered into the system.
* Document are imaged. Letters sent by lay to notify the debtor that account is iwth a collection agency. Debtor has 30 days to dispute debt in writing.
*Each account is scored with a 3rd party collections scredit score for funeral accounts.
*Mail returns go immediately to skip tracing-we use the most effective database technology to assist the collector in locating your debtor. Your contract information is crittical in this process (ss#. complete employment and emergency contact information).
* Our expert skip tracers use all legal means to locate the debtor.
* If debtor is located, the collector must assess the ability of the debtor to pay. Collector will always attempt to collect the entire balance immediately. Statistically, most payment plans go bad by third payment. We have 80% pre-approval settlement authority will all PHS clients. If debtor contacts you, please refer him immediately to PHS.
* If you receive payment on an account or new contact information, please report this to us immediately. Failure on your part to report payments made directly to you may create lawsuites for you.
* Balances not collected reported to all 3 national credit bureaus.
* Accounts exhausted due to skips, bad credit, disputes are suspended. New contact info we receive from bureau reappear will re-open filr for rework. (maybe this is one way they use to reage accounts, just guessing)
* Disputes and accounts where debtor refuses to pay are reviewed for possilbe legal action. If account qualifies for suit, we fax suit affidavit to you for approval.
More Sell Crap:
1. We know where your debtor is befor we pick up the phone. Many debots don't want us to know where they live or work. Our Caller ID technology gives us this valuable information.
2. Our collectors are skilled and trained to motivate and negotiate for full and immediate payment. After all, their income depends on it.
3. We will guarantee to collect more or will reimburse the difference in cash. ( then in teeny tiny letters is says(subject to terms.)
4. We guarantee to offer you the lowest possible fee for our services. (shouldn't part of the collections be enough of a fee)
5. We report to all 3 credit agencies, giving complete national coverage, all free of charge. ( how sweet)
Well that's the gist of it all. A short look at the other side of credit reporting and collections.
And I have to fix this page.
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