Consumer complaint received 2021-06-14
Company: Web Source Market LLC/DBA Collection Shield 360
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit repair services
Issue: Fraud or scam

Complaint:
Notice to all, I am that I am, the consumer in fact, natural person, original creditor lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/given name XXXX XXXX, AS WELL AS, XXXX XXXX, and I have been appointed and accept being the executor both public and private for all matters preceding, and I hereby claim that I will d/b/a XXXX XXXX & autograph as that agent, attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high XXXX, and I depose the following facts, so be it, now present : The Credit Reporting Organization Act or CROA, is intended to protect the public from unfair or deceptive advertising and business practices which I have been a victim of, This Act, Title IV of the Consumer Credit Protection Act, is to ensure that prospective buyers of the services of credit repair organizations are provided with the information necessary to make an informed decision regarding the purchase of such services, which I have also been a victim of. 

Fact, On XX/XX/XXXX, after filing bankruptcy, in efforts to repair my damaged credit profile, I enrolled in the Collection Shield 360s Et Al. ( including XXXX XXXX XXXX and XXXX XXXX XXXX XXXX ) services and was asked to sign a Collection Shield 360 contract and a retainer with XXXX XXXX XXXX. I was unaware of the reason why I needed the retainer with XXXX XXXX XXXX I assumed XXXX XXXX XXXX would handle the dispute correspondence. Having received collection notices from Law firms in the past, I did not see an issue. ( See Exhibit B and C ), Fact, the emphasis has been placed on Collection Shield 360 Et AL services being FREE numerous times throughout their website and emails, yet they provide fee structures. ( see Exhibit B, C and D ). Collection Shield 360 Et Al. are in direct violation of 15 U.S.C. 1679b ( a ) ( 4 ), which prohibits engaging, directly or indirectly, in any act, practice, or course of business that constitutes or results in the commission of, or an attempt to commit, a fraud or deception on any person in connection with the offer or sale of the services of the credit repair organization, Fact, the site, XXXX, highlights FREE credit repair, ( See Exhibit A ). In their contract. under the heading, Collection Shield 360 Compensation, You shall never be responsible to Pay Collection Shield 360 any money out of pocket whatsoever. Then, part 2 and 3 under the same heading, details their fee or Compensation Fact, on XX/XX/XXXX, I was asked to sign a retainer document, identifying XXXX XXXX XXXX as my FREE representation offered to the Collection Shield 360 clients. The retainer email states, XXXX XXXX XXXX provides completely free legal help for Collection Shield 360 clients which is deceptive. The contract states they would receive 45 % of settlement funds ( See Exhibit J ), Fact, On XXXX XXXX, I received a Collection Shield 360 welcome email stating, Any Collection Account in violation of the FDCPA will be legally pursued by an FDCPA Attorney on your behalf ( See Exhibit I ). This statement confirms the partnership with the attorneys. On the same day, I received an email from XXXX XXXX XXXX, see Exhibit A attached. You authorize XXXX XXXX XXXX to legally represent you. You will never have to pay XXXX XXXX XXXX any money out of pocket. We will never ask for any payment or credit card information ( See Exhibit J ) Fact, on XX/XX/XXXX, I was contacted via phone by XXXX XXXX of XXXX XXXX XXXX regarding a settlement offer. He stated the most I could receive due to FDCPA or FCRA was {XXXX}. I was unaware of Consumer credit law at this time, so I agreed. This statement by XXXX XXXX is false, and violates 15 U.S.C. 1679b ( a ) ( 4 ), as this case was settled, there would be no statutory limit on settlements funds, Fact, the XXXX XXXX Retainer agreement ( See Exhibit D ), states any amount over {XXXX}, the Client would only receive {$1000.00} per the FDCPA or FCRA. But settlement amounts are not mentioned in the FDCPA OR FCRA which makes this contract void under and in direct violation of 15 U.S.C. 1679b ( a ) ( 3 ), 15 U.S.C. 1679b ( a ) ( 4 ) and void under 15 U.S.C. 1679f ( c ) ( 1 ), Fact, under 15 U.S.C. 1679a ( 3 ), Collection Shield 360, XXXX XXXXXXXX XXXX XXXX XXXX XXXX are a credit repair organization as defined by the CROA. 
The following facts are evidence of the intertwining entities : Fact, on XX/XX/XXXX I received an email bearing the subject line Post Bankruptcy Credit Repair from a XXXX XXXX, stating she was the legal assistant for XXXX XXXX XXXX. ( see Exhibit E ) Fact, on XX/XX/XXXX, I received an email bearing the subject line Post Bankruptcy Credit Repair from a XXXX XXXX, stating she was paralegal working with Collection Shield 360 to help in improving my credit score. XXXX  email signature listed XXXX XXXX, XXXX. ( see Exhibit F ) Fact, on XX/XX/XXXX, I received an email bearing the subject line Post Bankruptcy Credit Repair from XXXX XXXX of XXXX XXXX, XXXX, stating he was an attorney working with Collection Shield 360 to help in improving my credit score. ( see Exhibit G ) Fact, there are separate fee structures listed in the Collection Shield 360 contract, the XXXX XXXX XXXX retainer, and the XXXX XXXX retainer ( See Exhibits B, C and D ). Per 15 U.S.C. 1679d ( b ) ( 1 ), the Collection Shield 360 contract should include the terms and conditions of payment, including total amount of all payments by the Credit repair organization or to any other person and void under 15 U.S.C. 1679f ( c ) ( 1 ), Fact, the Collection Shield 360 contract does not provide an estimate end date or length of period necessary to perform services, which was in violation of 15 U.S.C. 1679d ( b ) ( 2 ) ( B ) ( i ), and 15 U.S.C. 1679d ( b ) ( 2 ) ( B ) ( ii ) ( See Exhibit B ), Fact, I have been a victim of Bait and switch pricing and advertising. This is a direct violation of CROA. In offering a free service with the intention of pursuing 80 % or more interest in lawsuits or settlements, Collection Shield 360 Et Al. took advantage of a consumers lack of knowledge of consumer rights and their right to dispute Pro Se. 

Fact, Collection Shield 360 Et Al. were deceptive and misleading in its practices. The agreements for each of these entities, ( See Exhibit B, C and D ), show clearly each has an interest in pursuing violations via lawsuits only to claim a majority share of the recovery, leaving the client with little to nothing. This constitutes fraud and deception under 1

5 U.S.C. 1679b ( a ) ( 4 ) and contract void under 15 U.S.C. 1679f ( c ) ( 1 ).

In addition, they have violated multiple New York rules of Professional Conduct and New Yorks Champerty laws and ethics : New Yorks Judiciary Law 488, An attorney shall not directly or indirectly, buy, take an assignment of or be in any manner interested in buying or taking an assignment of a bond, promissory note, bill of exchange, book debt, or other thing in action, with the intent and for the purpose of bringing an action thereon. 
Rule 1.8 ( i ) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, Rule 5.4 ( a ) states that a lawyer or law firm shall not share legal fees with a nonlawyer, Rule 7.2 ( a ) says A lawyer shall not compensate or give anything of value to a person or organization to recommend or obtain employment by a client I certify that the above statements made by me are true and that, if any of the statements are willfully false, I am subject to punishment.

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation