Interesting................. Any comments?
FOR IMMEDIATE RELEASE

Contact: Beth Ryan
Phone: (304) 558-2021


Release Date: November 18, 2013  
Attorney General Morrisey Applauds Supreme Court Ruling Upholding Office's Subpoena Power


CHARLESTON - Attorney General Patrick Morrisey today praised a recent Supreme Court of Appeals ruling that upholds the Attorney General?s Office?s power to issue investigatory subpoenas when pursuing consumer protection cases.

?This unanimous opinion, delivered by Justice Robin Davis, is a significant victory for our Office and consumers in the state,? Morrisey said. ?Not only did the Court uphold our Offices right to issue investigatory subpoenas, but the Justices also upheld our power to seek temporary injunctive relief as part of our enforcement proceedings. Investigatory subpoenas and seeking injunctive relief are two essential tools in our quest to crack down on companies that either operate illegally or try to take advantage of our citizens. We applaud the court in assuring we have the ability to continue using these tools.?

The ruling stems from a case the Attorney General?s Office pursued against three New York-based companies - Cavalry SPV I, Cavalry SPV II, and Cavalry Investments - alleging the companies were collecting debts in West Virginia without a license.

The Office issued an investigative subpoena, but the companies challenged its validity and refused to comply, saying the Office was required to have an administrative hearing before issuing a subpoena and that the subpoena was invalid because there was no probable cause. The Attorney General?s Office then filed suit seeking to enjoin the companies from continuing to collect debts without a license and other relief stemming from alleged violations of state consumer protection law. The suit also asked that the Cavalry companies be required to comply with the subpoena.

A Kanawha Circuit Judge ruled that the Cavalry companies must comply in full with the subpoena and enjoined them from continuing to collect on the accounts that they had acquired prior to the time they became licensed. The Cavalry companies appealed, raising numerous challenges to the validity of the subpoena and also asserting the temporary injunction issued by the judge was too broad and not justified by the circumstances.

The Supreme Court upheld the circuit court?s order in all but one narrow respect. The Cavalry companies had alleged that an Attorney General?s investigative subpoena cannot be enforced once a suit is filed against a company involving the same conduct addressed by the subpoena. The Court clarified that an investigative subpoena survives the filing of a lawsuit by the Attorney General when the subpoena, in whole or in part, pertains to matters that do not form the basis of the suit.

?Cavalry attempted to cripple the Office?s ability to issue investigative subpoenas in consumer cases. This decision by the Supreme Court of Appeals promises to put an end to unwarranted challenges to our investigative power by companies who may be engaged in wrongdoing,? Morrisey said.

A complete copy of this opinion is available on the website of the Supreme Court of Appeals at: www.wvcourts.gov.

If you believe that you have been a victim of an unfair or deceptive practice in the sale or financing of consumer goods or services, you may file a complaint by calling the Attorney General?s office at 304-558-8986 or, toll free, at 1-800-368-8808.





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Employment Opportunities

What happens after the Statute of Limitations is over (my state 5 years) and they still call? What steps do I take?
Thanks for the info.

Is Calvary and Portfolio the same company or affiliated?

I've been getting NUMEROUS calls from this number AND "IC Systems".  Today, this #, with the caller ID name "Cavalry" left a message stating that $3000+ was owed on an HBSC card account, which is totally bogus.  This has got to be a scam of some kind!  Thinking about dropping my landline because I am SO sick of these constant calls, 7 days a week, all day long!

got a call from 602-667-0128 asking for a person that i don't know..why are they calling here..

By the way, I have perfect credit. Never have had a debt collector contact me because there was no reason to. Someone said it was Mazda. I highly doubt that. I have always driven Ford Explorers since they first appeared. I think no one really knows who this is. These people will always look for ways to contact people and sadly, this is now common practice to contact our cell phones. I've had my cell number changed twice because of these types of calls but really, its pointless.

It will not help switching to cell. I just got a call from that number twenty minutes ago and which has been calling my cell for weeks. Today I told him he had gotten Taco Hut and he hung up.

Caller ID reads Cavarly Portfolio.  I do not answer calls that I do not recognize.  Therefore, I block number and/or hook up to fax machine.  These people will call anybody even if you tell you are not the person they are looking for.  There are scammers.

Stopp calling me from (602) 667-0128

I have bought new phones (land line)  that has caller block on it... I enjoy using it... no longer bothered by these people....not to mention caller block on cell and My hubby called AT&T to complain about bill and gave us a new deal and I can also use them to block unwanted calls  I LOVE IT... gives me great joy to see Caller Blocked... not to mention if you have a friend that makes you mad and ant them off your list...lol

Please block this phone number. I wrk at a secure government location

I have no passed due bills!!!  Assuming from this it's a debt collector

well they calling here now, either not answering on thier end or someother b.s., seems might be tied in with another one called just previous to this one, stated was an espanole operator looking for someone

got a call from 602-667-0128 message left to call 877-301-2070
i guess this is
Cavalry Portfolio Services

They have been calling me for years asking for a Melissa. I have had my phone # for over 4 years and have told them repeatedly that nobody by that name is at this #.

I get constant calls from this number - disposition:  hang ups or asking for someone I've never heard of  ..........  how can I make it stop

They call my husband. One time they called when he was very sick on bed with flare ups on chrons. He does not want to be a debtor but, he has been out of job practically since he graduated from school. How do you think he will be able to pay when he isn't earning anything? and I am not paying for also, because first it is not my responsibility, I am already helping my husband to get better by affording his medicine. that day I got to talk to a woman whose name is something like Jenny... I know she fulfills her job and needs to earn money, but was very rude when I told her my husband is sick, right there is nothing we can do. We want he gets better and he wants that too to get a REAL JOB to EARN enough to PAY his DEBTS. What she said? We were lying, and we were just excuse. I got truly mad at her. She keeps calling , I know, because I can see those calls on his phone. We do not need to explain her again, since she also won't understand. right now we are surviving and I almost lost my husband a month ago... I dare to call that woman a BI***.

Mark  replies to penny please just don't , don't compare a car salesman to a debt collector,

Aubry Smith has been calling my house looking for a person named Johnston. He left an 8882296013 number as a call back number so I called and asked him to remove my number as I do not know a Johnston person.

I received a call at work this morning from 602-667-0128, however the individual left an 888 number to return the call.  The 888 number belongs to the University of Washington.  The individual state he is looking for me but how can I take this seriously if they give me a bogus phone number to call back?

they call my cell and my magic jack

I got a call from a person, not a machine robocall.  On voicemail, the person said "I'm xxxx, and I'm trying to contact yyyyy".  If you know where this person is please call ...".  Here are some interesting facts from their sister web site at http://www.cavalryspvi.com/Affiliates/portfolio_services_faqs.htm.  The area code of this call is Phoenix, but they have other locations.

Cavalry Portfolio Services FAQ's

   What is Cavalry Portfolio Services, LLC?
   Where are Cavalry?s offices located?
   Who can I contact to update my address or banking information?

What is Cavalry Portfolio Services, LLC?
Cavalry Portfolio Services, LLC recovers charged off consumer receivables. Cavalry is focused on treating each customer with professionalism and providing the highest level of customer service. The Resolution Specialists at Cavalry are committed to working with each customer to help them take control of their debt in many easy and innovative ways.

Where are Cavalry?s offices located?
Cavalry has four offices located across the nation.
Location     Address     Phone
Hawthorne, NY     PO Box 1030 Hawthorne, NY 10532     866-434-2996
Phoenix, AZ     PO Box 27288 Tempe, AZ 85282     800-861-4966
Tulsa, OK     PO Box 472087 Tulsa, OK 74147     866-898-4109
St. Paul, MN     PO Box 75428 St. Paul, MN 55175     877-266-8815

Who can I contact to update my address or banking information?
Changes to contact or banking information can be made by contacting any of our representatives at the addresses and phone numbers listed below:
Location     Address     Phone
Hawthorne, NY     PO Box 1030 Hawthorne, NY 10532     866-434-2996
Phoenix, AZ     PO Box 27288 Tempe, AZ 85282     800-861-4966
Tulsa, OK     PO Box 472087 Tulsa, OK 74147                866-898-4109
St. Paul, MN     PO Box 75428 St. Paul, MN 55175     877-266-8815

I keep getting calls from this number for various differnt people.  Have gotten three calls over the weekend and each call was looking for a different person.  How they get my number for three different people is unknown to me.  They say they are Calvary Portfolio collecting a past due debt.

I do not know this number and I always use cash..

Keep getting calls from this number for someone who doesn't own this number. Getting tired of people calling my business number. Caller leave voice asking to call Vicki Alont back at (888) 452-5011. Called number and is valid, but got voice mail. Ready to chew some butt! I am sick of it.
They never say who they represent.

calls my cellphone...someone said " hello"  hung up.
not on my contact list. phone does not get picked up
sorry

should i answer then phone anyways

Unsolicited solicitor's call.

Constant calls without info and refused to answer my questions

Sue them they cannot call you on youir cell phone if you have never done business with them. Never Never agree with them that you owe them any money and have them send you papers in the mail, which they are suppose to do, if they are calling for you. The papers should contain a mini miranda message giving you 30 days to dispute the debt. Then send them a letter asking for Valadation, which is allmost impossible for them to do. They cannot just use past statements they have to have the signed contract and a affidavid from a person that works at original creditor that actually has knowledge of there system and your account.
Above all else keep good records of all calls and messages.

Just sue them they cannot call you more then once looking for someone else, under the
federal Fair Debt Collections Pratices Act FDCPA, ( $1000.00) per suit, also check your state law on Debt Collectors.
Also if you did not give them your cell phone # and are on the Federal Do Not Call List you can also sue them for a lot more under the Federal TCPA. If you do not want to do it yourself check out local lawyers to do it for you. I have used legalhelpers, they are based in Chicago they are very good. Check them out on the web