2010 UPDATE- ANOTHER MULTI-MILLION DOLLAR LAWSUIT TO BE FILED AGAINST IGS NEVADA, QUALITY TOWING AND GMAC AUTO FINANCE FOR BREAKING THE LAW.. WILL IT EVER END? WILL CEO JAMES SNEAD BE FEDERALLY INDICTED AS HE CONTINUES THIS SCHEME AGAINST AMERICA?
Robert Paisola Reports
Tom and Rich Russon of Lehi Utah are two of the men who are being screened for criminal charges as a result of our investigation into their reposession tactics. As a matter of fact, they were featured on TRU TV in an article:
Grand Theft Auto: The Life of a Utah Repo Man
Now, you will be seeing OUR video of these criminals in HD TV right back on tv... yep, Tru TV is going to use the tapes that our client created and is going to air the story internationally. Lets see what was posted in this article: Grand Theft Auto: The Life of a Utah Repo Man.
by Jacob Hodgen
TruTV has recently aired a new show entitled Operation: Repo where moody redneck misfits get into a continuous series of fights with the people they try to repossess vehicles from. If you are fan of trashy television, it's fantastic, since it makes it look more like the video game Grand Theft Auto than a legitimate industry. In the one--alright, it was two--episodes I watched, I saw them mace teenage girls, flip cars over, reduce businessmen to tears, and get chased around by a rake-wielding farmer. It's all fake, but Jerry Springer would be proud. I wondered, was it really this exciting? Is this really what the repossession industry is like? I set out to find out.
. . .
It is dark, and I pull up next to a jet black Dodge pickup in an otherwise deserted mall parking lot. Inside the truck's cabin is a mounted laptop indicating a contract to pick up a car. There is a bounty on the vehicle, and I count three separate GPS systems now tracking a Spanish Fork address. Though it does not look like a tow truck from the outside, this souped-up one ton has a retractable "sneaker hitch" hidden in the undercarriage.
I will be riding along with one of the few local business that is thriving during the current financial crisis. I jump in with Tom and Rich Russon from the Lehi-based Quality Towing company, and tonight we are going to repossess cars.
The crew of Quality Towing and their stealth truck
While the rest of the country struggles financially to keep its head above water, Quality Towing is overwhelmed with work. Tom Russon is the owner, and he says he frequently has to work 16 hours days to the meet the ever increasing the demand for repossessions. His wife, Vaniece, also provides countless hours in the office and in the field. Their company accepts contracts from banks and car dealerships to bring back cars, trucks, boats, motorcycles, snowmobiles, and tractors from all over the state. It's a tough job, but someone has to do it.
Because repossession is costly and time-consuming, banks almost never want to repossess vehicles, and will only ever initiate it as an absolute last resort. Rich tells me that, "If you've lost your job or something, the banks just want to know. Most of the ones we end up with are because the banks can't reach the customers." However, most people don't realize this and all too often will fail to communicate with their lending institution who then has little choice but to try and repossess the vehicle.
Our first "repo" leads us to a flashy new suburb in Spanish Fork. We are looking a for car with six months of delinquent payments. No luck. We then head to West Jordan to an apartment complex. There is no car there, either. We then drive down to Salt Lake to another apartment complex--strike three. I begin to wonder how Quality Towing stays in business. We now drive back up to Lehi to a duplex in search of a white sedan.
This time we find it, but there's a problem: apparently the people knew we were coming, and they have barricaded the vehicle in with another truck. Since repo crews are not allowed to touch vehicles other than the one they have a contract for, they will not be able to take this one tonight. However, Tom points out that even though the owners think they're smart and may have won this battle, now that he has found the vehicle, a giant steel boot will ensure that he gets the car when they try to go to work tomorrow.
The white car in back is the mark. It thinks it's cleverly wedged
in behind the red truck, but no one escapes "the boot."
Our last contract for the night is back in Provo. We roll up to a tiny rambler, and sitting outside is our prize: a shiny 2007 Dodge Durango. Tom knocks on the door and a man answers. He looks relieved and hands Tom the keys. Rich says he wishes that they were all this easy and philosophizes over the nature of man and money: "What makes one person hide it and another give it up voluntarily?" Tom replies quickly, "Character."
The very nature of the repossession industry provides a peculiar ethical dilemma--one that Tom and Rich are quick to acknowledge. On the one hand, their job requires them to inflict a great deal of pain on a large number of people. However, without the option to repossess, lenders would suffer continuous, catastrophic losses and would inevitably go out of business. They remind me that keeping a vehicle that you don't pay for is a form of theft; as long as people refuse to pay for the things they buy on credit, the repossession industry must exist.
But this doesn't mean they are heartless thugs feasting on the misery of their labors. Tom tells me that he had a truck repossessed from him once when he was younger, and the experience was horrible. "The guy showed up on my doorstep carrying a baseball bat. I don't want to be like him. We actually care about the people. We're not trying to be vindictive." Rich agrees with brother, "It is much easier to deal with people on a professional level."
As we drive, they talk about the heavy emotional toll their work often takes on them. Though Tom is a veteran of Desert Storm, and looks tough enough to deter all but the most desperate clients, his exterior belies the heart of someone who feels deeply for the people he encounters. "We're sensitive guys," he says.
He tells me the story of one particularly heart-wrenching contract they had during the holiday season. The job was to repo a van from a family in Provo. As he pulls up to the house, he finds the vehicle is in the driveway; it is unlocked and the keys are still in the ignition. As he approaches, the startled owner walks out and confronts him. Tom quickly grabs the keys and prepares to drive off, but the confused owner just asks what he is doing. "I explained to her why I was there, and she started balling: all their Christmas presents were in the back of the car. The husband had gotten laid off two days before, and they were in really bad shape." Though it would have been well within his rights to just drive away, Tom decides to stay and help the family gather their possessions. "I remember standing there watching her and her kids unloading the Christmas presents. There were tears streaming down my face. I was the one taking their van away from them. I amost quit after that."
The catch of the day: a 4,932 lb Durango
Rich tells me that they have taken hundreds of vehicles with car seats, and they always go back to drop them off, once the vehicle is safely in their possession. Though their lives are thankfully not as exciting as Operation: Repo, they say that there have been times when they were punched, kicked, slapped, and had guns drawn on them, but they take it all in stride. "Nine times out of ten it will be a swing and miss," and they pass it off as just part of the job. Though they both have concealed weapon permits, they tell me that getting into fights or standoffs is that last thing that they ever want. "If the police come out, sometimes they don't know who called them, and we can end up in handcuffs."
As they head back to drop me off after a long night's work, I finally pose the question I have been gearing up all night to ask: "So, do you let your kids play Grand Theft Auto?" They both laugh and Rich tells me, "It's their favorite game."
Grand theft auto indeed.
The moral of this story is clear: if you decide to skip the next six or so months of your car payment without contacting your lender, consider yourself yourself lucky if these guys show up. Your ride is about to get jacked by the two nicest car thieves in the state.
So now you know that Tom Russon and Rich Russon and their assistant we really clear to America in this article about what they do... What they did not realize is that our cameras were running Live and now these men are being screened for CRIMINAL CHARGES. We are mounting an international campaign to ensure that the Spanish Fork Police Department files the charges, and we will be broadcasting LIVE from every single hearing.
Keep checking our blogs around the world and we will try to get an advance copy of the TRU TV UPDATE showing you what happens when "The Repoman Breaks The Law"
Western Capital Multimedia
CNN Reports Spanish Fork Utah Police
If they come and try to repossess your car, tell them to GO TO HELL, UNLESS they have a "Writ of Replevin" and a "Writ of Assistance" signed by a judge. Videotape EVERYTHING and call the police. Click on the above link to see what happens to companies like this that violate the LAW! The bill collectors are going to jail! See www.WesternCapitalVIP.com
When does a debt collector create an "initial communication" about a delinquent debt, triggering the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692o? Is an actual letter or formal notice required? Does the filing of a summons in a debt collection case create such a communication?
In Frank Thomas v. Law Firm of Simpson & Cybak, et al. the Seventh Circuit Court of Appeals reversed a decision of the lower court dismissing Thomas's suit, which alleged that GMAC, its law firm (Simpson & Cyback) and their employees failed to send him a debt validation notice advising him of his rights as a debtor within five days of their initial communication with him, as is required by the FDCPA.
Thomas was employed by GMAC. Thomas bought an SUV from a Chevrolet dealership, and the installment contract was immediately assigned to GMAC. When Thomas lost his job with GMAC about two years later, he went into default on the loan. GMAC sent Thomas a default letter. Simpson & Cybak brought suit on behalf of GMAC in Illinois state court to recover the vehicle. A court summons was issued to Thomas informing him that the law firm was a debt collector.
Thomas sued GMAC and its attorneys in federal district court under FDCPA, claiming neither defendant had sent him a debt validation notice advising him of his rights as debtor (under 15 U.S.C. 1692g(a)). The district court found that neither GMAC's default letter nor the court summons qualified as an "initial communication" that would have triggered the need for the debt validation notice; the Seventh Circuit Court of Appeals found that the filing of the summons constituted an "initial communication," reversed the lower court, and remanded the case for further consideration.
The Court's Ruling
The Appeals Court ruled
- that GMAC was a creditor but not a debt collector under the FDCPA;
- that GMAC's default letter could not therefore qualify as a "communication" under the FDCPA (a fact agreed to by all parties);
- that GMAC's attorneys qualified as debt collectors under FDCPA, 15 U.S.C. § 1692a(3) & (6);
- that the filing of the collection suit summons constituted an "initial communication" with Thomas concerning the delinquent debt;
- that the ruling of the lower court is reversed; and
- that the case is remanded to the lower court for further consideration of Thomas's claim.
According to the appeals court, the questions raised in the appeal had not been addressed by federal appeals courts prior to the Thomas case. The court took note of differing opinion at the district court level.
The court found no conflict between the "plain language" of the statute and the intentions of its drafters, and dismissed the defendants' contention that deeming the filing of a summons and complaint an "initial communication" would interfere with litigation by making debt collection suits more cumbersome for attorneys.
Judge Evans dissented from the majority opinion of the appellate court. His argument goes to the nature of the filing of a debt collection suit. He opined that such filings are not the dunning "communications" envisioned by the FDCPA. He further noted that the court footnoted its ruling, mentioning that the 108th Congress was considering a bill that would have specifically excluded formal pleadings from the "communication" definition in FDCPA. While the majority of the court opined that Congress's consideration of H.R. 3066 was an "indication that Congress considered the FDCPA's current definition ... to include the filing of a summons and complaint," Judge Evans argued that Congress's intent was to make explicit the implicit exception already there. It makes for some interesting reading . . .
In light of this decision, we imagine that creditors' attorneys will be reviewing their procedures to ensure that debt validation notices are delivered on the heels of filing debt collection suits -- at least in the Seventh District, or until Congress makes a change in the statute.
Western Capital Multimedia Investigations Report
Salt Lake City Utah
Thursday March 11, 2010
Today was another win for consumers in the State of Utah, as IGS Nevada, AGAIN broke the law on behalf of GMAC.
While on location, we received a call from a VIP Client of Western Capital stating that "Mr. Paisola, My wife is scared for her life" We need your assistance...
With that call, our team at Western Capital went into action in Salt Lake City and Las Vegas Nevada.
Our instructions were very simple and to the point. Start to take photos of the incident and start to videotape and DO NOT STOP. Our client did this.
"My wife was pulling into her garage in another car, and two men rushed her from a towing truck"
IGS Nevada had done it again. They had been retained by GMAC to reposess an automobile that had a disputed balance. IGS NEVADA is a company that has been investigated by multiple Attorney General offices around the nation. They have been sued in Federal and District Court OVER AND OVER.
Why, BECAUSE THEY WILL USE ANY MEANS NECESSARY, INCLUDING BREAKING THE LAW to violate the American Public.
What you see here is the reason WHY Attorney General Andrew Cumo of New York indicted Many debt Collection Firms as a result of our investigations. This is our story on the indictment
IGS Nevada had hired a company called QUALITY TOWING located at
495 West Main Street
Lehi, UT 84043-2053
to repossess an automobile in the small bedroom community, just outside of Salt Lake City, Utah. What they did not know is that the victim of this incident was a VIP Client of Western Capital. What they also did not know is that we are preparing to amass a Federal Class Action AGAINT them, their CEO James Snead and their shell cover debt collection operation in Las Vegas, Portfolio Recovery Associates.
With the videotape running our client was able to obtain raw digital footage of the company that "scared my wife to death"
He was also able to get very detailed images of the criminals who rushed his wife and refused to leave the property upon demand: This is one of the men
Notice the above suspect who is pictured here , as he DIRECTLY VIOLATES THE LAWS OF THE STATE OF UTAH on behalf of GMAC and IGS Nevada. He is INSIDE of the GARAGE of the victim after being told to leave!
This is one of the other suspects speaking to law enforcement who was immediately dispatched.
This is a photo of the Officers Examining the Fax that is pictured above that the towing company believes gives them the right to "forcibly trespass against a resident in the State of Utah" and to "Violate and Breech the Peace of the Property Owners" despite being told to leave.
We spoke to the detective that was onsite (We will be syndicating the live coverage) and were told that these two men would be charged with multiple criminal charges, pending screening, in the State of Utah for Trespassing and multiple violations of the law regarding how a reposession can and must be performed.
Notice that this is one of the people who violated the rights of the property owner, who, as our client is rolling HD VIDEO, as is his right and duty under Utah Law. Notice that he has his head turned, for fear of exposure around the world, as he screamed "This will be all over the world on youtube.com, and hid from the cameras"
The good news is that the men and women of law enforcement did their job. They told the victims who were rushed by these men that these two men on behalf of Quality Towing, IGS NEVADA, and GMAC would be escorted off of the property. They would not be permitted to take the automobile REGARDLESS OF THE REPOSESSION ORDER and They will be charged criminally. We will run the live footage as soon as it is avaliable on our satellites.
Listen Closely America.... YOU HAVE RIGHTS. THIS WILL COST GMAC MILLIONS and IGS NEVADA AND GMAC WILL NOW BE FURTHER INVESTIGATED IN A FEDERAL FORUM FOR THEIR BLATANT DISREGARD FOR THE RIGHTS OF THE AMERICAN PEOPLE.
Because this Client did exactly what he was told by Western Capital's CEO and President, Robert Paisola and our Corporate Attorney, the next photos you will see are booking photos of these two men who broke the law on behalf of Portfolio Recovery Associates and GMAC as the State of Utah states to the world "We will not tolerate this type of conduct against our citizens"
Standby for comments from the Office of The Governor of the State of Utah on this issue.
We will be posting the full police report, booking photos, and official comments as they are made available.
Copyright 2010 Western Capital Multimedia, All Rights Reserved, A Robert Paisola Company
INTERNATIONAL DISCLAIMER: We have absolutely no opinion on this matter. By posting this aggregated story, we are merely informing our world wide audience that there was a breach of the Laws of the State of Utah. We are now following this as media investigators and will present you with all of the raw details as they become avaliable.We ask you to view the images, listen to the tapes, and garner your own opinion. We will be providing full transcripts of the video taped conversations and have been advised by law enforcement that we will be provided will the entire series of reports, audio files and the names of the men that will be charged.
The media must understand that as of this point, there is no more data to provide. The moment that we receive the data, we will be posting it for you live. In the interim, please follow our blogs, the Associated Press, The Salt Lake Tribune and KSL Television in Salt Lake City.
Further we are not going to accept any further requests from the national media for our statement. We encourage you to listen to the tapes, and stay tuned for further developments.
THIS is a prime example of how fast news travels around the world using Social Media and Citizen Journalism. This will be studied for years to come. Why would the BBC care?
All media inquiries should be sent to email@example.com
Western Capital Multimedia Inc.
Portfolio Recovery Associates aka: IGS NEVADA PRA LOCATION SERVICES for TOYOTA MOTOR CREDIT and CEO James Snead conversation LIVE Debtor Abuse Caught on Tape, By Robert Paisola
Copyright WESTERN CAPITAL MULTIMEDIA 2009 ALL RIGHTS RESERVED
As many of you know, we receive hundreds of requests for assistance from around the world from consumers who are dealing with debt collectors. Today we had the opportunity to deal with a company called:
IGS Nevada, Inc.
IGS Nevada, Inc., is currently doing business as PRA Location Services, LLC states to Business Week Magazine that they "offers national skip tracing, asset location and collateral recovery services, principally for auto finance companies"
The company was founded in 1995 and is based in Las Vegas, Nevada. As of October 1, 2004, IGS Nevada, Inc. is a subsidiary of Portfolio Recovery Associates Inc, a licensed and bonded collection agency. We hope that they have very high liability limits.
One of our Western Capital VIP Clients called us and said that their 70 year old mother was being harassed as a result of a debt that was placed with this company. Elizabeth Mohlman stated that another agent VENICE called the debtors mother in law. We assigned a team of investigators, and you will not believe what was said. "THIS WILL CONTINUE UNTIL THIS IS RESOLVED"
The company told the debtors mother that THEY WERE GOING TO TAKE HIM TO JAIL and that if he did not return the car, that he CAN AND WOULD BE SENT TO THE COURTS TODAY.
As a courtesy, we asked to speak to the CEO, JAMES SNEAD, to give him an opportunity to respond to the recorded conversations as third party information was given. We were told by the collector Elizabeth Mohlman that they had the phone number of the debtor the entire time.
At 4:33 MST We spoke to Mr. James Snead and he stated that he would neither confirm nor deny that this was his company that we talked to on the recording that is being transcribed. We will also post our conversation with Mr. James Snead for your review.
They stated that they WERE NOT a collection agency and that they were "JUST A SKIP TRACING COMPANY" "We are NOT COLLECTING for toyota"
We are going to call James Snead, the CEO of IGS Nevada for a formal statement and then will broadcast this on our international network.
This is the WEB TRENDS DATA that confirms the call was from 1-800-600-1454
Upon listening to the recorded conversation for a period of 1:37 seconds, The CEO, James Snead hung up the phone.
The live broadcast will be transcribed and will be played for our listeners on the Western Capital Radio Network. These recordings and this data is the sole property of Western Capital and its affiliates. No portion of this article or call may be reproduced without the expressed written consent of Western Capital Inc. NBC GroundReport.com , Fast Company Magazine or CNNIReport.
Reporting live from Salt Lake City, this is Robert Paisola
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Public Trading Data
Portfolio Recovery Associates, Inc. (PRAA) Stock Report
Portfolio Recovery Associates, Inc. NASDAQ-GS
|Online Stock Report | Print Friendly Version|
|$ 382,405,020||52 Week |
|Common Stock||52 Week |
|Above information as of Mar. 18, 2009|
See also: Stock Report data entry page & PRAA stock