Duckhunter, pinky - thanks for the responses
Pinky wrote:I don't think anyone here is qualified to answer legal advice, so my recommendation would be to seek an attorney. If your cousin isn't competent, perhaps you could act as his guardian, since you seem to have a better grasp on the situation.
I just contacted a lawyer for him - one who specializes in FDCPA disputes. As I see it, there's two components of the case:
- the FDCPA violations against each of the two debt collectors - this could amount to $2,000. The issue here is the behavior of the debt collectors
- the case itself - where the issue is the possibly fraudulent nature of the website, and my cousin's competence/naivete.
The website in question is Dream-marriage.com - there's threads devoted to this one all over the web. From what I've glossed, it appears that they pay women to pretend to be interested in marriage.
That said, I like to look at worst case scenarios. I take it the offenders didn't get any money, that your cousin disputed the charges and they were reversed out of his account, right? So, worst case is they do actually sue him. Your cousin has a legitimate defense, so why not let them spend the money on lawyers first? More than likely they're just blowing smoke.
In that case, the worst they're going to do is maybe report to the credit bureaus and he might have a slightly tarnished credit rating as a result. Personally, I wouldn't care because I don't use credit, but if your cousin does and a reduction in rating upsets him, he can fight that fairly easy (beware that a lot of clean up your credit adverts are scams too).
This is what I advised my cousin and his mom to do. The legal process in the US is such that disputed debts cannot be reported to the credit bureau.
My question for you is, how did you determine that the site was a scam? Are the lawyers who are harassing him even real lawyers? We'd need to know a lot more details on the transaction, like the originating countries and the promises that were made and or broken and where these lawyers are located. I've never seen a scammer with a real lawyer, let alone see one pursue his scam in a legitimate court.
The two lawyers in question are not 'real' - they are classic ambulence-chasers. It appears that lawyer 1 (in Florida) is the ring-leader, and lawyer 2 (in my cousin's state of residence) is a local affiliate.
Lawyer 1 has a bad reputation - lots of complaints and scam reports.
The violations of the FDCPA are pretty clear - both sets of lawyers sent notices demanding nearly $5000. Lawyer 2 included an affidavit from a Dream Marriage representative stating that the amount owed was $1996.99 - in agreement with the info from the credit card company.
If that's so, then both attorneys have misrepresented the amount owed - and under the FDCPA they are subject to damages up to $1,000. This requires a civil lawsuit to pursue.
As I see it, my cousin could possibly recover $2,000 from the two lawyers, which would just cover the $1996.99 owed - so as you said, in a worst-case scenario, the cost of this is legal fees.
My cousin's mom doesn't want to pursue this - she's fearful of the emotional toll it would take on her son. So one strategy is to engage an attorney to handle a settlement with Dream Marriage, while pursuing the FDCPA violation litigation.
Lawyer 2 was kind enough to send along letters my cousin sent to the women working there:
Svetlana Dyachenko
Kristina Zarenba
Maria Masohina
Liza Browns
Nadezhda Nosova
Julia Stavitskaya
Anna Bezkhlebnaya
Elena Koren
In addition, the company rep's name was Anastasia Popova.
Do any of these names ring a bell to anyone here?