Getting mysterious calls from an "Amber Knight"

[PayCutHurtMe]

I keep getting these mysterious voicemails from an Amber Knight. All she says is she has a file on her desk that she thinks I'm not aware of and wants to get my "statement" before signing off on it. She never says who she is calling for and she never says who she works for.

 

After a little digging, I found the name of the company is CKS Financial in Chesapeake, VA.

Not much about them on any of the credit forums. Anyone ever dealt with them?

[Credithis]

http://stopcollector.com/agency/CKS-Financial.php

 

http://www.brinkmanandalter.com/lawyer-attorney-1926780.html

 

Bucket loads of complaints. Their address is on their website, file an unknown DV referencing the call.

 

 

[BV80]

@PayCutHurtMe

 

Save the voicemails.

 

1692d(6):

 

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

 

1692e(11):

 

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

 

Is it a prerecorded message?

[PayCutHurtMe]

@PayCutHurtMe

 

Save the voicemails.

 

1692d(6):

 

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

 

1692e(11):

 

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

 

Is it a prerecorded message?

 

@BV80

 

They sound like live calls and are being left on my home number. The ones from EIS and Asset Acceptance are robocalls and the messages are left on my work number.

[PayCutHurtMe]

http://stopcollector.com/agency/CKS-Financial.php

 

http://www.brinkmanandalter.com/lawyer-attorney-1926780.html

 

Bucket loads of complaints. Their address is on their website, file an unknown DV referencing the call.

 

Like a regular DV and add that the caller never identifies the company or asks for me by name?

[BV80]

@PayCutHurtMe

 

By your home number, I assume you mean a home answering machine?  If so, you need to see how your courts have ruled.  That's a catch 22 for CAs.  If they don't disclose the call is an attempt to collect a debt, they could be in violation.  If they do disclose it, and if other people could hear the message, it could be 3rd party disclosure.

[PayCutHurtMe]

@PayCutHurtMe

 

By your home number, I assume you mean a home answering machine?  If so, you need to see how your courts have ruled.  That's a catch 22 for CAs.  If they don't disclose the call is an attempt to collect a debt, they could be in violation.  If they do disclose it, and if other people could hear the message, it could be 3rd party disclosure.

 

@BV80

 

 

Found one from the US District Court for the Middle District of PA.Would it matter that I'm in the Eastern District?

Gryzbowski v. I.C.System, US Dist. Ct., M.D. Penn., 2010 wm.pdf

[BV80]

@PayCutHurtMe

 

I don't know that it would be binding on your court, but it would be persuasive.  You could also use ruling from other courts in your circuit.  Decisions from other Circuit Courts of Appeals would also be persuasive.

 

The case you cited provides case law from other courts including the Foti case.

[Seadragon]

I would say this is not procedural but an attempt for the JDB to CTA. as for DV a phone call doesn't trigger a notification. I would not call them as they are probably trying to skip trace. This will be a judges easy day because he can safely rule no violation yet.

 

The fact that you looked up who it is can be used to prove notice without disclosure. WWCFD?

[PayCutHurtMe]

I would say this is not procedural but an attempt for the JDB to CTA. as for DV a phone call doesn't trigger a notification. I would not call them as they are probably trying to skip trace. This will be a judges easy day because he can safely rule no violation yet.

 

The fact that you looked up who it is can be used to prove notice without disclosure. WWCFD?

 

I don't know what CF would do. He's a lot more creative than I ever hope to be.

[debtzapper]

 I hope you are letting all the calls go to voicemail and saving them. I think this is a 1692d(6) vio, and a communication as defined under 1692a(2).  I don't think it would fall under the "location" exception of 1692(.  "Scalfani v. BC Services," (S.D. Fla. 2010) is a case where plaintiff alleged he had a1692d(6) vio, but the court held it fell under the 1692( exception.

 

"Krug v. Focus Receivables," (D. NJ. 2010) is in your circuit and contains a good discussion of 1692d(6).

 

Run it pass www.attorneysforconsumers.com   or plaintiff's counsel in the  "Gryzsbowski" case.

[PayCutHurtMe]

She called my cell phone yesterday, and she has changed up her message.

Now she says that due to my lack of response, she needs to make a decision on the "next step in escalating the matter" or words to that effect.

 

She left the latest message on my cell phone, not my home phone.

 

I'm also now getting similar messages from a Miss Wilcox. Same deal, she doesn't identify the company or the fact that she's trying to collect a debt.

I googled "Miss Wilcox" and she works for H&P Capital Inc (HPC), a collection agency in Jacksonville, FL.

 

Correction: Both Amber Knight and Miss Wilcox left messages on BOTH my home and cell phones yesterday.

[PayCutHurtMe]

Perhaps I should call them both back and record the calls.

[BV80]

@PayCutHurtMe

 

Do you recognize the account to which the calls are referring?

[admin]

Perhaps I should call them both back and record the calls.

Not a bad idea. 

[PayCutHurtMe]

@PayCutHurtMe

 

Do you recognize the account to which the calls are referring?

@BV80

 

Neither of them mentioned anything about accounts. The only reason I know they are collectors is from googling their names and phone numbers.

Amber Knight works for CKS Financial and "Miss Wilcox" works for H&P Capital.

[PayCutHurtMe]

Not a bad idea. 

 

PA is a two party state, so I'll just have to hope they don't hang up on me when I tell them I'm recording.

[cjtx]

Most likely when you call them you will get a recording telling you that your call will be recorded. Just make sure you record that part too.

[PayCutHurtMe]

Most likely when you call them you will get a recording telling you that your call will be recorded. Just make sure you record that part too.

 

Does that recording give implied consent for me to record on my end?

[debtzapper]

When the other party tells you, "This call may be monitored or recorded," and then begins to talk to you, I would take them at their word.  Taking their words literally, they are giving you permission to record them.