On June 4
I signed up with a company called Cal Finders. The sales person, Kyle, also mentioned that he would take care of us if there were to be any leads that were not valid. Leads for I was to have started on the June 14, hence, started sooner
than agreed.
In addition, leads not scrubbed adequately, causing violation of some laws under the Telephone Consumer Protection Act of 1991 (TCPA) & Telemarketing Sales Rule (TSR) and I perceived as a solicitation harasser by one lead.
Explanation of leads:
A lead is a potential customer who is interested in having solar panels installed and wants a quote for a potential installation.
Time line of leads 24 hrs:
For any leads that are generated by Cal Finders it is the responsibility of the Contractor to contact the leads given within a window of 24 hours or it will be a saturated or cold lead.
Saturated lead or cold lead defined:
Saturated leads are ones that have had more than 3 phone calls within a 24 hour period by other contractors.
Cold Leads is one that have elapsed the time frame of 24 hrs. And already has been saturated.
My expectations as A customer of Bank Of America & Chase Bank:
Claim filed in accordance to bank requirements in calling in an EFT claim.
Once resolved and in a timely manner considering all this lapsed time, please send me the credit via mail at letter head address above.
Affidavits have been filled out accordingly.
Fees accessed and to be reimbursed:
1.
Charge of 6/7/10 Bank Of America to credit Tercero Inc. The amount of $575.00
2.
Charge of 6/16/10 Chase Bank to credit Tercero Inc. The amount of $130.00.
3.
Charge of 7/6/10 Chase Bank to credit Tercero Inc. The amount of $145.00.
Exhibit one:
Exhibit one represents two leads that were sent to Tercero Inc. On June 7. Lead Numbers are as followed:
Lead ID 208433 (Norma), pg. 2
Lead ID 208977 (Gregory), pg. 3
E-mailed Calfinders on 6-8-10, pg. 4
Calfinders response on 6-8-10, pg. 5
Two leads sent have been charged to Bank of America credit card in the amount of $130.00. (6-13)
$430.00 was charged for application fee.
(6-4)
$145.00 was charged for membership fee.
(6-4).
Summary:
Leads were to cost $65.00 each. The leads were to be sold to me on the June 14 not on the June 7. I sent an e-mail to have the leads paused because we were not ready to receive them yet. I. Was transitioning banks during
this period of time and the accounts were going to be changed from Bank of America to Chase.
I was informed by e-mail that the leads would restart on the June 14. I did not like the actions taken by Cal finders so I cancelled the card to prevent any further charges until the issue was resolved with unwanted leads.
I attempted to speak with a live person but I always recieved a message recorder.
Exhibit Two:
Exhibit Two represents an e-mail conversation with Cal-Finders.:
Pg. 1 is Cal-finders attempting to charge for an unauthorized lead on June 11th.
Pg 2 is Cal-finders return policy sent June 13th.
Pg 3 is also a reply from Cal-finders on June 13th.
Summary:
I called Kyle Bastien, at 9:00 am on June 14 for assistance in resolving the matter of unwanted leads. He transferred me to Alexis, and I left a message for her as she did not pick up the call.
Alexis returned the call at 10:00 am. My partner Daniel and I had an intercom communication with her. I explained to
her that I had canceled my credit card because I was charged for two leads that I was not supposed to receive until June 14th. She apologized and advised that she would take care of the problem. I then gave her my account
number from Chase Bank. I was to receive a credit from her on my account activity resolving this issue.
Exhibit Two:
Exhibit Two Continuations.
Pg 4,5, 6 are cold and saturated leads sent by Cal-finders on June 14.
Lead ID 208433 (Norma Estrada), pg. 5 from exhibit 2
Lead ID 208977 (Gregory Peltier), pg. 6 from exhibit 2
Page 7 and 8 are the application fee and the processing of my credit card from the discussion with Alexis on the June 14.
Page 9 is an outstanding balance process from Cal Finders using the new credit card account number.
Summary:
With the phone call from Alexis on June 14, I thought that things would be resolved. Later I checked my e-mail and found that the same leads that were sent to me the previous week had been resent. I thought this was a misunderstanding so I called Alexis again and she advised me that it would take some time to reverse the charges.
Exhibit 3:.
Lead ID 208977 (Gregory), sent on 6-17
Lead ID 216104 (Anna), sent on 6-17
Lead ID 215978 (Phil), sent on 6-17
Summary:
On June 17th I received 3 leads. One lead was the same one that had been previously sent as shown in the last three
exhibits. I submitted the Gregory lead (#208977) again for a refund.
Lead ID 216104, was contacted and the husband advised that it was a mistake as he was not interested in solar installation. He further explained that his wife had been pressured by the sales man from Cal Finders.
Lead ID 215978, This lead mentioned that he had been overwhelmed by phone calls that he had received from contractors for bids on installing solar and told us not to bother him.
I submitted all leads for a refund based on the conversation with Cal finders. I also checked my account and saw that all the leads have been charged but I have not received any credits at this time. Each lead comes with an e-mail date stamped
and lead number. This is the first thing to be viewed before printing the lead. I am very concerned about fraud due to bogus leads. I doubled checked my account on June 17 and it clearly shown that there have been no credits given to me.
See Exhibit 3 page 6.
Exhibit 3 page 5 states how Cal finders will give credit back and none of my bogus leads fit the criteria.
Exhibit 4:.
After several days passed, I was not getting any results from Cal Finders. When I would call Cal Finders I would get a recorder. The only times I was able to get a live person was when I cancelled the card again.
The following is a summary of what took place:
Cancellation of Chase debit card took place around the week of the June 21.
Cal Finders charged the Chase debit card for the last time in the amount of $145.00.
Termination letter sent by e-mail to Cal-finders on June 25th. See pg. 2
Pg. 3 of exhibit 4 is additional conversation between Me and Cal finders.
Fraud reported against UNAUTHORIZED CONTINUAL charges.
Not keeping to start date, and rapid charges on both bank accounts quicker than any resolving issues I had as a consumer, leading me to uncertainty and to protect myself from continued fraud charges.
Cal Finders continues to try and process an outstanding balance on e-mail page 1 of exhibit 4.
Summary:
As you have reviewed Exhibits, furthermore:
My partner, Daniel, spoke with Jason Polka (phone # 510-834-4060) in July regarding the problems with Cal Finders. Mr. Polka concurred with Daniel that the leads were bogus and he wanted to resolve the problem. We requested a refund since the account was not handled properly and diligently.
In addition, My. Operations Manager Amelia, spoke with the Manager Michael Foremen who called, as he was the
Manager that handled the account from the beginning and he apologized while trying to make things right, yet she expressed to him that the lengthy time it took to receive a phone call back was unacceptable and only led us to believe of
a fraud.
Freddies calls or emails were not returned in a timely manner (while being charged continually) by the specific selling agent (the account manager); he should have been more in depth about the expectations of the services since it was something new to Our company., rather than vague, and charging so quick outside of what was agreed upon. Amelia then, mentioned to me (Freddie) that the Manager said there would be a credit and would have liked to talk to me again to keep the relationship. Michael Foremen, asked Amelia to convince Freddie to release the claim.
She later explained to Michael Foremen that Freddies mind had been made up and felt Cal Finders was deceitful in the manner that these services were sold, therefore, Michael Foremen was made aware a claim was filed.
I do not agree that I received services as agreed and compromised debiting services without my consent, I tried to
resolve business matters from the beginning and to no avail Tercero Inc. Was not properly indorsed in a timely manner. Furthermore, Cal finders contract was broken from the time services started and their charging technics where never
beneficial to our Company
In using my debit cards, as a business or consumer, I am in the right and protected to in disputing at any time in the event of unauthorized use or misrepresentation of services, under credit card Visa policy disclosure when debit card is used, regardless of Cal Finders indemnification agreement as they seem to have insufficient disclosure of services (TSR violation) according to laws of the TCPA of 1991.
Chase bank returned all the charges as for Bank of America they dropped the ball and later did not want to help because i was no longer a customer. I was riped off by Calfinders Total of $575.00
0 comments