Creditwagering and the fair debt collection practices act

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  • Justin7
    SBR Hall of Famer
    • 07-31-06
    • 8577

    #1
    Creditwagering and the fair debt collection practices act
    While I think CW has a very interesting business model, its publishing of the "super stiff list" is a pretty clear violation of the FDCPA. Under the definitions, CW is clearly a creditor and a debt collector. Debt collectors are normally not allowed to disclose private information to other people, nor are they allowed to do things intended to harass. The stiff page, if authentic, does both of these.

    So what? If a debt collector violates this, he can get sued for $1000 per person. This in itself isn't a big deal. The bigger risk is that this practice goes further than "normal" internet gambling, and draws the ire of the feds.

    Of course, the stiff page could be fabricated, in which case it is just brilliant marketing.
  • fiveteamer
    SBR Posting Legend
    • 04-14-08
    • 10805

    #2
    If CA's followed the FDCPA, they wouldn't be calling my neighbours 4 times a week.
    Comment
    • themajormt
      SBR MVP
      • 07-30-08
      • 3964

      #3
      Originally posted by Justin7
      While I think CW has a very interesting business model, its publishing of the "super stiff list" is a pretty clear violation of the FDCPA. Under the definitions, CW is clearly a creditor and a debt collector. Debt collectors are normally not allowed to disclose private information to other people, nor are they allowed to do things intended to harass. The stiff page, if authentic, does both of these.

      So what? If a debt collector violates this, he can get sued for $1000 per person. This in itself isn't a big deal. The bigger risk is that this practice goes further than "normal" internet gambling, and draws the ire of the feds.

      Of course, the stiff page could be fabricated, in which case it is just brilliant marketing.
      The page definitely isnt fabricated, I actually know one of the guys on there...

      I work in collections, and have for many years, and I dont think the FDCPA applies due to CW being a foreign company without any standing in the US. Also, CW's legal right to collect the "debt" is definitely open to interpretation because a clear and concise contract is not drawn between the 2 parties involved. I think the fact that they have added multiple hoops to jump through to collect any winnings, and the other limits imposed could end up hurting them.

      If they try and transfer the "debt" to a US based collection agency the agency could, and should, be sued immediately. Gambling debts are not legal debts, unless it was done with a licensed/sanctioned/endorsed casino with a contract SIGNED. They would have no proof that the person who wagered was in fact the person they are trying to collect from. An emailed copy of a license with an IP address does not give enough evidence to PROVE who in fact placed the wagers. I have had a hard enough time proving it was the customer who rang up the new plasma and then tried to say it was fraud when we had their signature AND them on videotape!
      Comment
      • themajormt
        SBR MVP
        • 07-30-08
        • 3964

        #4
        Originally posted by fiveteamer
        If CA's followed the FDCPA, they wouldn't be calling my neighbours 4 times a week.
        If the agency is in fact calling your neighbors more than once, after the neighbor has requested them to stop contacting them, make sure to send a letter to the AG of your state and document all calls. A warning letter to the CA will usually work unless they truly dont care and budget for lawsuits... Which I know a lot of places do!
        Comment
        • fiveteamer
          SBR Posting Legend
          • 04-14-08
          • 10805

          #5
          ugh, you're a collection agent?

          is this what you wanted to be when you were a kid?
          Comment
          • compaqDikk
            SBR Hall of Famer
            • 10-08-05
            • 5699

            #6
            these are paid acotors, c'mon people
            Comment
            • jjgold
              SBR Aristocracy
              • 07-20-05
              • 388185

              #7
              Justin offshore bookmaking is illegal so anything goes as there are no rules to collect money, killings,putting up personal info, extortion is all part of the game . If it was a legal usa coporation you would be correct.

              Justin ...............Bennett Sanders on the list is a dead ringer for you. I know it is not you but you look pretty close when i compare pic in your vids to this guy. I am not sure if I am giving you a compliment or not.
              Comment
              • themajormt
                SBR MVP
                • 07-30-08
                • 3964

                #8
                Originally posted by fiveteamer
                ugh, you're a collection agent?

                is this what you wanted to be when you were a kid?
                Haha I am not a "agent"... No it was not what I wanted to be when I was younger but it paid my way through college and law school. There are some reputable companies out there but the majority of them are pretty bad. I work in business collections/finance now so I dont deal with consumer collections anymore.

                The only thing I can say in defense of collection agencies is, they are 95% of the time calling for a valid reason. Yes they abuse the processes and laws that were made BUT you owe someone money and have failed to do anything about it. You usually dont get collection calls until 7 months from your last payment!


                And I dont believe they are paid actors compaq, I know the guy from Marcellus that is on there.... Could be though?
                Comment
                • compaqDikk
                  SBR Hall of Famer
                  • 10-08-05
                  • 5699

                  #9
                  justin we are still in the wild wild west and most of here are sharp enough to be above the law. walker provided us with fancy lawyers. most of us will never be able to touch foot however on US soil again
                  Comment
                  • Mudcat
                    Restricted User
                    • 07-21-05
                    • 9287

                    #10
                    They need to track down those stiffs and dip them in septic waste.
                    Comment
                    • themajormt
                      SBR MVP
                      • 07-30-08
                      • 3964

                      #11
                      Originally posted by compaqDikk
                      justin we are still in the wild wild west and most of here are sharp enough to be above the law. walker provided us with fancy lawyers. most of us will never be able to touch foot however on US soil again
                      Who's Walker?? I guess I am definitely out of the loop on this one....
                      Comment
                      • daggerkobe
                        SBR Posting Legend
                        • 03-25-08
                        • 10744

                        #12
                        Definately not faked.

                        One of the guys was a popular poster on covers who bragged about stiffing them for months. He would post chat transcripts where he would taunt them.

                        Then he stopped posting altoghter after his picture was posted.
                        Comment
                        • pavyracer
                          SBR Aristocracy
                          • 04-12-07
                          • 82590

                          #13
                          Originally posted by themajormt
                          Who's Walker?? I guess I am definitely out of the loop on this one....
                          Walker is the owner of this site, SBR John. And jjgold and compaqdikk share the same brains if you know what I mean. Don't take these two, or one, seriously.
                          Comment
                          • themajormt
                            SBR MVP
                            • 07-30-08
                            • 3964

                            #14
                            Originally posted by pavyracer
                            Walker is the owner of this site, SBR John. And jjgold and compaqdikk share the same brains if you know what I mean. Don't take these two, or one, seriously.
                            Why cant they step foot on US soil??
                            Comment
                            • compaqDikk
                              SBR Hall of Famer
                              • 10-08-05
                              • 5699

                              #15
                              Originally posted by themajormt
                              Why cant they step foot on US soil??
                              same reason the minute jay cowherd of wsex landed in the States they bagged his ass and put him on 60 minutes then put him in the same pound me in the white ass collar crime division with benny sillman

                              freejaycohen.com

                              did any of you fukkers visit him besides me on xmas? that's what i thought assholes
                              Comment
                              • katstale
                                SBR MVP
                                • 02-07-07
                                • 3924

                                #16
                                Originally posted by Mudcat
                                They need to track down those stiffs and dip them in septic waste.
                                Got to agree. Nothing worse than a stiff. Can't stand people crying cause bill collectors are calling them. Easy solution....

                                pay your bills and stop looking for a late night info/ad to help you beat your creditors.

                                I did my own collections for many years. Nothing relieves stress like bitch slappin some scumbag loser who owes you money while he is coming out of the store with a six pack.

                                There--I feel better already!!
                                Comment
                                • ms61853
                                  Restricted User
                                  • 04-10-07
                                  • 731

                                  #17
                                  Originally posted by Justin7
                                  While I think CW has a very interesting business model, its publishing of the "super stiff list" is a pretty clear violation of the FDCPA. Under the definitions, CW is clearly a creditor and a debt collector. Debt collectors are normally not allowed to disclose private information to other people, nor are they allowed to do things intended to harass. The stiff page, if authentic, does both of these.
                                  I don't think the FDCPA applies to the original creditor.
                                  Comment
                                  • daggerkobe
                                    SBR Posting Legend
                                    • 03-25-08
                                    • 10744

                                    #18
                                    Dont some US stores post bounced checks near the cashier so everyone can read the identities of the "stiffs"?

                                    Isn't this similar to what CW is doing?
                                    Comment
                                    • compaqDikk
                                      SBR Hall of Famer
                                      • 10-08-05
                                      • 5699

                                      #19
                                      i vote we print these lists and post them at local post offices without the postmaster's permission
                                      Comment
                                      • picantel
                                        SBR MVP
                                        • 09-17-05
                                        • 4338

                                        #20
                                        Let me may a few points clear here since this is my specialty. No CW is not covered under the federal FDCPA. They are a creditor and even if they do their own collecting they are still a creditor and do not follow under the FDCPA. That being said, some states have a state version of the FDCPA like florida or california and yes they can be sued under the state version if you live there. Also, many states have criminal provisions that cover phone harassment, stalking, ect.

                                        Next, there is an erroneous thought here that since they are a foreign entity they do not fall under US law. They are not foreign. Their business is located in Las Vegas and they use proxys to hide this information and make people believe they are operating out of CR. Can you find their business in CR? Of course not as it does not exist. This is why the stiff list is the stupid move of the century. CW believes that by not allowing telephone gambling they can circumvent all anti gambling statutes and the Rico act. They are so wrong it is not even funny. I will give them 4 months tops before they go out of business.
                                        Comment
                                        • compaqDikk
                                          SBR Hall of Famer
                                          • 10-08-05
                                          • 5699

                                          #21
                                          Originally posted by jjgold
                                          Justin offshore bookmaking is illegal so anything goes as there are no rules to collect money, killings,putting up personal info, extortion is all part of the game . If it was a legal usa coporation you would be correct.

                                          Justin ...............Bennett Sanders on the list is a dead ringer for you. I know it is not you but you look pretty close when i compare pic in your vids to this guy. I am not sure if I am giving you a compliment or not.
                                          mr kernel sanders is panici sanzino jj
                                          they are both of hispanic descenst
                                          Comment
                                          • themajormt
                                            SBR MVP
                                            • 07-30-08
                                            • 3964

                                            #22
                                            Originally posted by picantel
                                            Let me may a few points clear here since this is my specialty. No CW is not covered under the federal FDCPA. They are a creditor and even if they do their own collecting they are still a creditor and do not follow under the FDCPA. That being said, some states have a state version of the FDCPA like florida or california and yes they can be sued under the state version if you live there. Also, many states have criminal provisions that cover phone harassment, stalking, ect.

                                            Next, there is an erroneous thought here that since they are a foreign entity they do not fall under US law. They are not foreign. Their business is located in Las Vegas and they use proxys to hide this information and make people believe they are operating out of CR. Can you find their business in CR? Of course not as it does not exist. This is why the stiff list is the stupid move of the century. CW believes that by not allowing telephone gambling they can circumvent all anti gambling statutes and the Rico act. They are so wrong it is not even funny. I will give them 4 months tops before they go out of business.
                                            Where do the debit cards come from? Surely they arent stupid to mail the things from the US right??
                                            Comment
                                            • Brock Landers
                                              SBR Aristocracy
                                              • 06-30-08
                                              • 45360

                                              #23
                                              i'm sure the fair debt collection act doesn't allow you to call your clients "motherphuckers" in the voicemail's they leave LOL
                                              Comment
                                              • Mudcat
                                                Restricted User
                                                • 07-21-05
                                                • 9287

                                                #24
                                                Of course the good thing about the CW stiff page is it gives eog a list of candidates for paid poster positions on their forum!


                                                Can I have a rimshot please?!

                                                Thank you, thank you. I'll be here all week.
                                                Comment
                                                • katstale
                                                  SBR MVP
                                                  • 02-07-07
                                                  • 3924

                                                  #25
                                                  The Dice man cometh..

                                                  Ohhhh
                                                  Comment
                                                  • KKoz9
                                                    SBR MVP
                                                    • 09-07-06
                                                    • 1982

                                                    #26
                                                    Is CW based in U.S.? I'm not sure...but if they are not, the FDCPA is irrelevant anyway.
                                                    Comment
                                                    • compaqDikk
                                                      SBR Hall of Famer
                                                      • 10-08-05
                                                      • 5699

                                                      #27
                                                      Originally posted by KKoz9
                                                      Is CW based in U.S.? I'm not sure...but if they are not, the FDCPA is irrelevant anyway.
                                                      headquarteed in salt lake city by the tabernakkles
                                                      Comment
                                                      • KKoz9
                                                        SBR MVP
                                                        • 09-07-06
                                                        • 1982

                                                        #28
                                                        Wow, surprising...how do they continue to operate?
                                                        Comment
                                                        • compaqDikk
                                                          SBR Hall of Famer
                                                          • 10-08-05
                                                          • 5699

                                                          #29
                                                          Originally posted by KKoz9
                                                          Wow, surprising...how do they continue to operate?
                                                          they donate to the church of ladder day saints
                                                          Comment
                                                          • THEGREAT30
                                                            SBR Hall of Famer
                                                            • 10-04-08
                                                            • 8970

                                                            #30
                                                            They have to be in the US. I mean why else would they not even have a phone # on there page. I think printing and posting the stiff page in a public place late one night would be a good move for someone that has a vendetta against them. Maybe this intigues the authorities but they themselves could be the authorities.
                                                            Comment
                                                            • RogueJuror
                                                              SBR Posting Legend
                                                              • 07-08-08
                                                              • 10010

                                                              #31
                                                              Originally posted by compaqDikk
                                                              did any of you fukkers visit him besides me on xmas? that's what i thought assholes

                                                              Comment
                                                              • BobHarvey
                                                                SBR MVP
                                                                • 07-08-08
                                                                • 3987

                                                                #32
                                                                Is anybody using credit wagering currently? It's an interesting concept but could be a trap. Anyone?
                                                                Comment
                                                                • time is now
                                                                  Restricted User
                                                                  • 10-15-08
                                                                  • 20

                                                                  #33
                                                                  i just contacted the fdcpa my local police dept, and then credit wagering. i am on the stiffs list
                                                                  Comment
                                                                  • roasthawg
                                                                    SBR MVP
                                                                    • 11-09-07
                                                                    • 2990

                                                                    #34
                                                                    Originally posted by BobHarvey
                                                                    Is anybody using credit wagering currently? It's an interesting concept but could be a trap. Anyone?
                                                                    I've played there this entire fb season...I have a nice little balance going but they won't let me withdraw due to the $3000 rollover. I think I'm already past the limit but I'm way too lazy to add it all up.
                                                                    Comment
                                                                    • madmaxx
                                                                      SBR MVP
                                                                      • 03-14-07
                                                                      • 3289

                                                                      #35
                                                                      did they laugh at you?
                                                                      Comment
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