LadynRed

Dirt or "intel" on Upton & Slamowitz??

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My sister is having to deal with Upton & Slamowitz for a debt that was due to telemarketing fraud. She was taken for a good bit of money and the OC just would NOT do a proper investigation when she contacted them about it. Their 'investigation' was perfunctory and quite pathetic, despite volumes of proof they were sent that it was a complete scam and utter fraud.

The Secret Service investigated these telemarketing scumbags, and the AZ AG has recently filed charges against multiple shell companies and numerous people involved in the whole racketeering scheme.

Soo.. I'm going to help her with the DV and this whole nasty process. I have to get caught up myself, it's been quite a while since I was into this kind of swamp.

Any info or insight etc. on this CA and their current practices? I like to be prepared ;)

(Wonder what happened to "Cohen".. used to be Upton, Cohen and Slamowitz?? )

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I would simply tell Slamowitz that your sister has a valid counterclaim and defenses and leave it at that. If Slamowitz' client wants to pursue this you can't stop them but it will be a VERY interesting Discovery into how the Plaintiff (the OC) failed to investigate the fraud claims that Law Enforcement is now investigating when they (a) had a legal duty to do so as she invoked the Federal Fair Credit Billing Act in a timely manner (which limits their ability to collect to $50) and (B) by failing to properly and timely investigate allegations of fraud places them in the position of having unclean hands in that they could have mitigated the damages with a chargeback at the time but refused to do so.

BTW, what happened to Cohen? It used to be Cohen and Slamowitz?

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If it were me fighting these scumbags, I could see going that route, but my sister would never survive in court on her own, she doesn't have what it takes to even begin to wade into it. Since she's in NY and I'm in TN, I can't exactly help her by going to court with her should that happen, and she can't afford a lawyer.

The OC is Target, utterly useless people. Given what she sent them on the scam, they COULD have done a real investigation, but they basically ignored it all. The account was charged-off earlier this year, so they've washed their hands of it. There are some issues with the 'timely dispute' part, she waited months, but it took her that long to admit that she'd been scammed and was in trouble, when she finally asked for help.

Right now, she needs to invoke her rights and we'll have time to put together the information on the fraud for the continuation of the dispute to get out from under this mess.

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Lady - she is in New York, you are in Tennessee and I am in China so neither of us can sit with her and hold her hand. She will have to learn how to do it or else get used to writing some checks for a debt she shouldn't owe.

That said she needs to spend a LOT of time here and on the Other Board learning (a) how to defend herself, (B) that the best defense is a good offense, © as long as lawyers don't work for free the costs of collecting from her keep rising astronomically and (d) how to make herself Judgment Proof, just in case.

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