I received a telephone call in late February from "Cardholder Services" claiming to be a courtesy call about my credit card balances. I am on the National Do Not Call List so I was initially not suspicious. I believed they were legitimately checking on existing accounts. As the phone call progressed I learned that it was actually a phone solicitation from American Debt Negotiators (ADN) in Florida, and they were not affiliated with any of my credit cards.By then I had already provided some credit-sensitive information.
Despite their less-than-forthright approach, I went through a series of phone calls with ADN representatives during which I provided additional credit card and bank account information with the intention of using their debt elimination services. They told me there would be a non-refundable deposit of $478, and I told them that it sounded like a good offer but I wanted to check some things out before I "signed on the dotted line."
Subsequently I was faxed a number of contracts (including an Electronic Payment Agreement, Power of Attorney, and Financial Consultation Agreement) to sign and return to the Law Office of Brennan, Smith & Associates on behalf of ADN. I received several more phone calls from their representative, and I was told that, once I signed and returned the contracts they could begin the credit negotiation service.
However, before signing the agreements, I took the opportunity to do some "homework" by collecting information about ADN and Richard Brennan from the BBB of Southeast Florida, the Florida Department of State Division of Corporations, the Florida Department of Agriculture and Consumer Services, the Florida Bar, the American Bar Association, and the Federal Trade Commission. The information I gathered caused me to be very worried about doing any business with them. I learned that in addition to a class-action suit in Georgia, the Better Business Bureau listed LOTS of complaints, and I found a bunch of horror stories about these people online!
As a result of the information I received, I decided against using ADN services. I did not sign any of the Agreements.instead, I typed and faxed a letter to Brennan/ADN on March 12th requesting that they "not contact my creditors, not process debit entries from my bank account, and not provide services specified in [their] Agreement." I received an email confirmation from a representative at ADN. I believed that our business was done.
However, on March 13th $478 was debited from my checking account. ADN did not refund the money in April. When the problem was not corrected by May 4th I phoned ADN and the Brennan law firm again. I was told by ADN staff that the electronic debiting process was automated and could not be stopped in time despite their receipt of my March 12th correspondence. ADN Floor Supervisor Venetra promised a refund (once approved by Operations Manager Mark). Mike Reynolds at ADN told me that Brennan has the $478. Meanwhile, Brennan's staff member Sarah told me that ADN has the $478. Bottom line: two months had passed since the money was taken. I had not received services for the money, and I didn't want any services. I just wanted the $478 refund that I am due.
After repeated phone calls I was told by Bonnie at ADN that she had a "taped verification" on file of my agreeing to the "non-refundable $478 fee" which had been scheduled to be withdrawn from my bank account on March 13th. I told Bonnie that I understood the $478 was non-refundable but only after I signed up for their service. Furthermore, several times during the course of those early phone calls I had requested information in writing before moving forward. Frankly, even if they couldn't stop the withdrawal, they should have refunded the $478 once they noticed the mistake.
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