[Karen37a]

https://www.ftc.gov/tips-advice/busi...guide-business



"It’s illegal to charge upfront fees. You can’t collect any fees from a customer before you have settled or otherwise resolved the consumer’s debts. If you renegotiate a customer’s debts one after the other, you can collect a fee for each debt you’ve renegotiated, but you can’t front-load payments. You can require customers to set aside money in a dedicated account for your fees and for payments to creditors and debt collectors, but the new Rule places restrictions on those accounts to make sure customers are protected."

[Christian]

You are going to see an arguement made that this is specifically for consumer debt, not business debt. Now add the wrinkle of an advance not being a debt and it gets more grey.

[Karen37a]

You are going to see an arguement made that this is specifically for consumer debt, not business debt. Now add the wrinkle of an advance not being a debt and it gets more grey.

I agree.( debt relief does have a section for all debt) but the advance not being "debt" might be key.
And if it is, then its a loan, then you have the usuary debate.

Telemarketing rules do not apply to bus to bus so the tsr consequences should also not apply

And also if someone has 3 uccs ..no one can claim dominion on assets except maybe 1st position.imo

The main sticking point is that they breached contracts and in the inducement to commit fraud (walking away with money) from the onset of the transaction** If thats what they did **...and in misrepresenting the possible outcomes, negative consequence and timeline. Also not placing money in escrow to not be touched until services are performed and returned of their is no solution.



This could swing one way then you have a huge trojan horse.

Someone commented on it and I agree they said "it is ill-advised"..( and I am not a lawyer)

We shall see how it all plays out

[Karen37a]

*** also

Because I see 3 huge holes that an extremely smart lawyer will punch thru ( or someone with Financial Expertise )

They are going to make the case that the bank accounts were not closed or shut down( unless they did and then diverted the assets). The merchant could have shut them down and then just paid the debt relief only ( not caught up with them after the default, that wastnt coached by then ) Again 3 uccs no dominion.

one other thing..not posting it


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