The Haggler: Telemarketer’s Tactics and Regulators’ Response Elicit Complaints





LAST month, the Haggler was sitting at home when the phone rang.




“This is your second and final notice,” intoned the stern voice of a robocaller. This vaguely threatening opener segued quickly into a lilting spiel about credit cards and consolidation. Something about an offer to lower rates? It was hard to tell, but when the Haggler heard he could press 1 for more information, naturally, he pressed 1.


After a pause, a man introduced himself as Robert, and offered the services of Account Management Assistance. It was hard to tell exactly what A.M.A. was selling, but the Haggler was assured it would cost him nothing and reduce his credit card interest payments.


“Sure, I’m interested,” quoth the Haggler, hoping to draw out some information. But Robert was soon spooked by this softball question: “Where are you guys located?”


Click.


Intrigued, the Haggler typed A.M.A.’s phone number — captured on caller ID — into a Web site called 800notes.com, which provides a forum for those on the receiving end of unwanted calls. On pages dedicated to 855-462-3833, the Haggler found dozens of complaints, and many of those complainers had signed up for A.M.A.’s service. The company had charged as much as $2,000, promising to negotiate lower credit card rates with banks.


There were no satisfied customers.


“They got me too!” wrote one. “Lying freaks,” wrote another.


So the Haggler posted an invitation on the site, asking anyone disappointed by A.M.A. to get in touch. A week later, an e-mail arrived from Anna Mikiewicz of Palatine, Ill.


“The whole experience is enough to put someone in an early grave,” she wrote. “I’ve been run through the mill.”


Ms. Mikiewicz outlined how she’d been charged $1,000 by A.M.A. For her money, the company signed her up for a credit card that offered zero percent interest for a limited period, something she could have done herself, free. Her attempts to get a refund included dozens of calls, to a variety of employees at A.M.A., as well as unsuccessful efforts to persuade government bodies to investigate. Because A.M.A. gives its address as a post office box in Orlando, that included Florida’s attorney general’s office and Department of Agriculture and Consumer Services.


Nobody had helped.


Now it was the Haggler’s turn. Ms. Mikiewicz said that a man named Mark Dowell was the manager at A.M.A., and suggested that calls begin with him.


“May I speak to Mark Dowell?” the Haggler said, after dialing 407-480-4489, a number A.M.A. had provided to Ms. Mikiewicz back when they were speaking.


“He’s gone for the day,” replied a receptionist.


“Can you leave him a message?” said the Haggler.


“Hold, please,” she said.


“Who are you looking for?” she then asked.


“Mark Dowell.”


“We don’t have a Mark Dowell. We have a Mark Dolan. What company are you trying to reach?”


“Account Management Assistance.”


“You’ve got the wrong number.”


“Well, what company is this?”


“I can’t give out that information.”


“Really? How come?”


“It’s not in my job description.”


“Well, it’s not in my job description either. But I still tell people where I work.”


“What town is the company you’re trying to reach?”


“Orlando.”


“O.K. We’re Elephant Inc. We’re based in Hawaii.”


The next day, the Haggler called the same number, asking for Mark Dowell.


“He’s on the line with another customer. Would you like to leave a message?”


The Haggler did, twice, and has never heard back.


IT turns out that A.M.A. doesn’t have a Web site, and, other than that post office box, doesn’t seem to exist in physical space. Nonetheless, there are clues about who may be behind this operation. The Better Business Bureau has a page for a Florida company called Your Financial Ladder — which gets an “F” grade, by the way — that seems to do business as Account Management Assistance, as well as other names, including Economic Progress Inc.


Economic Progress, according to a 2012 Florida incorporation filing, is operated by Brenda Helfenstine. She and her husband, Tony, ran into some trouble last year. The attorney general of Arkansas sued Your Financial Ladder, and four other companies, accusing them of violating the Telemarketing Consumer Fraud and Abuse Prevention Act, among other laws. He named Brenda and Tony Helfenstine and accused their company of making illegal robocalls and assessing fees to consumers without providing promised aid.


So the Haggler called the Helfenstines, whose phone number was dug up by a Times researcher, Jack Styczynski, and left a message. Tony Helfenstine returned that call, but after follow-up calls, he went silent.


“This is your second and final notice,” the Haggler wisecracked on the Helfenstines’ answering machine, to his own great amusement. Nothing.


What about those government agencies? Well, a spokesman for the Florida Department of Agriculture and Consumer Services says it recently started an investigation of Your Financial Ladder that ended uneventfully after an inspector was dispatched to the contact address listed on the company’s Web site, 1760 Sundance Drive, in St. Cloud.


“The inspector noted that the address was a residence and that there was no evidence of a telemarketing operation at the time,” wrote Amanda Bevis, a spokeswoman for the department. “The investigation had reached a dead end.”


Actually, the investigation had reached the home of Brenda and Tony Helfenstine. Seriously, that address, according to easily accessible public records, is where the Helfenstines seem to live.


Deep breaths, people. Yes, it’s maddening that our consumer protection agencies are so easily foiled. Or unmotivated. Perhaps they need a nudge. So, dear readers, the Haggler cordially invites you to contact Adam Putnam, commissioner of Florida’s consumer services department, on Twitter at @adamputnam, and Pam Bondi, Florida’s attorney general, at @AGPamBondi. Tell them you care. And stay tuned.


E-mail: haggler@nytimes.com. Keep it brief and family-friendly, include your hometown and go easy on the caps-lock key. Letters may be edited for clarity and length.



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