AUDIO: Russell Malone – Mitchell N. Kay – obnoxious collection calls

The transcript of a message left on a voice mail by Russell Malone with Mitchell N. Kay:

Yes, this message is being left for [redacted].  [redacted], this is Russell Malone, law office of Mitchell N. Kay.

I’m calling in regards to an outstanding claim filed in my office against you.  Case number is [redacted].

I’ve been trying to contact you, or my office has been trying to contact you, so we can discuss this issue and address it once and for all.

It is a time-sensitive issue, we’ve not been allotted all the time in the world to wait for you to give us a call back to decide what you want to do.

These phone calls are very important and need to be returned as soon as possible, this one in particular.

My name is Russell Malone, 866-360-1422 extension 5280.  You need to call me as soon as possible, [redacted].

The RECORDING is worth a thousand words — turn down your sound volume, it’s LOUD:

3-12-10–Mitchell-Kay-Russell-Malone-tone

FDCPA violations:

Contrary to Mr. Malone’s claim, this call is NOT very important and does NOT need to be returned at all.

Additionally, Mr. Malone failed to provide the mini Miranda and by leaving this message, he subjected the consumer to 3rd party disclosure.

I’m calling in regards to an outstanding claim filed in my office against you.  Case number is [redacted].

This sounds to me like a lawsuit has been filed against the consumer.  However, I believe this to be another lie and Mr. Malone is just trying to scare and intimidate the consumer into paying.

And the recording he left at another number:

Mitchell-Kay-Russell-Malone-2nd-VM-tone

Here’s another Mitchell N. Kay message, this one from Larry Stevenson:

Good afternoon, I’m trying to reach [redacted].  Larry Stevenson calling.  Law offices of Mitchell Kay is where I’m calling from, relevant to a banking matter.  I need you to call me back right away.  The number is 866-360-1422 extension 5491.  Please contact me.

3-4-10–Mitchel-Kay-redacted

Not nearly as obnoxious as Russell Malone, but Larry Stevenson also failed to provide the mini Miranda, subjects the consumer to 3rd party disclosure and misrepresents the urgency of a return call.

From http://mitchellnkaylaw.com/:

LOCATION AND CONTACTS
Law Offices of Mitchell N. Kay, P.C.
Seven Penn Plaza
New York, NY 10001
212-695-8155
800-247-4720

Managing Attorney: William Siegel, 212-695-8155, x351

Seven Penn Plaza
New York, NY 10001

AFFILIATIONS:

NARCA (National Association of Retail Collection Attorneys)

AFFILIATED OFFICES:
The Albert Law Firm, P.C. (Admitted in Illinois)
205 West Randolph Street Suite 920
Chicago, IL 60606

Yellin and Goldner (Admitted in Massachusetts)
2000 Commonwealth Avenue
Newton, MA 02466

Donald R. Moran (Admitted in New Jersey)
90 Main Street
Hackensack, NJ 07601

Wes R. Welch, P. C. (Admitted in North Dakota)
201 Briggs Avenue South
Park River, ND  58270

HISTORY

Mitchell N. Kay, admitted in New York, has been providing Accounts Receivable Management services nationwide for over 30 years. All accounts are handled with courtesy and confidentiality by a staff of professional representatives.

Contact us today, and enjoy the peace of mind that being free of debt can offer you!!!

Call us at either phone number shown, or resolve your debt privately by entering our Payment Center now!

“All accounts are handled with courtesy and confidentiality by a staff of professional representatives.”

Yeah right.  They are a bunch of MORONS!   And I can say that, because I have the recordings to PROVE it.

3/18/10 UPDATE:

Apparently someone from Mitchell N. Kay responded in a comment (below) to let us know that this must be a BUSINESS debt and the collection calls are therefore EXEMPT from the FDCPA.

So here is ANOTHER Mitchell N. Kay recording

This message is for [redacted].  My name is Jamal Coles, I’m calling from the law offices of Mitchell N. Kay with a matter involving you directly.  I need you to give me a call.  The number is 1-800-420-9132, my extension is 5279.  You can reach me until 5 EST today, or between the hours of 8 a.m. and 5 EST tomorrow.  Reference file number [redacted].  Thank you.

Mitchell-N-Kay-collection-message-pub

Note the DIFFERENT Mitchell N. Kay phone number.  I believe that this is NOT a business account.

And of course there is NO LEGITIMATE reason to exempt business credit card debts from the FDCPA and this SHOULD be one of the first FDCPA changes.

After all, the banks CAUSED the economic problems and the BANKERS continue to live in their mansions, regardless of the damages they caused.

The banks often tripled interest rate even though the consumers had PERFECT credit and the accounts had NO late payments and never went over the limit — forcing consumers to default!

Why should hard working small business owners be harassed and deceived?

Where is THEIR bailout?

Can MNK collectors threaten to break their legs?  Tell their neighbors and few remaining customers that they are deadbeats and didn’t pay their business credit cards?  Call them until they decide to pay?  Call them until they blow their brains out?

Does a consumer have the right to dispute business debts?

Those are questions to ask collectors AND legislators.

And I hope that Mitchell N. Kay will update with THEIR collection practices and explain how they differ when collecting business debts.

I don’t really see any difference between the Jamal Coles message and Larry Stevenson’s message.  Both were NOT as obnoxious as Russell Malone, but failed to provide the mini Miranda and made it sound like it was very important to return the call and they subjected the consumers to 3rd party disclosure.



4 Responses to “AUDIO: Russell Malone – Mitchell N. Kay – obnoxious collection calls”

  1. These gentlemen do not work for the consumer section and it is my belief that this is not a consumer acct. If they are calling – this is a COMMERCIAL account and the same FDCPA rights do not apply to commercial business accounts. If they are contacting you in error, please call back so they can remove your number from the system.

  2. Much appreciate your clarification.

    I updated my posting above with ANOTHER Mitchell N. Kay collection message by Jamal Coles.

    Was Jamal Coles collecting a debt COVERED by the FDCPA?

    Regarding BUSINESS credit card debts:

    Since the FDCPA does NOT protect small business owners, what kind of protections DO these consumers have?

    Can they be threatened and harassed with impunity?

    How do the MNK business and personal debt collection practices differ?

  3. […] AUDIO: Russell Malone – Mitchell N. Kay – obnoxious collection calls […]

  4. I just sent this email to MNK:

    In case you didn’t see my followup message at [this URL]

    Much appreciate your clarification.

    I updated my posting above with ANOTHER Mitchell N. Kay collection message by Jamal Coles.

    Was Jamal Coles collecting a debt COVERED by the FDCPA?

    Regarding BUSINESS credit card debts:

    Since the FDCPA does NOT protect small business owners, what kind of protections DO these consumers have?

    Can they be threatened and harassed with impunity?

    How do the MNK business and personal debt collection practices differ?

    I’ll really appreciate your response and clarification,

    Thanks, Christine Baker

    ————————————————-

    Hopefully we’ll get a reply,

    Christine

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