Vortex Debt Group
3280 Suntree Blvd, #101
Melbourne, FL 32940
We understand what it is like to be in debt and how hard it can be finding a way out. Vortex Debt Group is a leader in the debt settlement industry with almost 20 years of experience. We have a team of negotiators that will attempt to settle on your debt for less than the full balance that you owe. We know that eliminating your debt may not be an easy process, that’s why our professional customer service staff will be there for you along the way.
Vortex Debt Group provides you with an affordable solution to become debt free. Our highly trained representatives will work with you to find the best program that will fit your needs. You will receive up to date information regarding the progress of your program and any questions you may have along the way will be answered by our very attentive customer service staff. The only direction this program will take you is one way and that’s the path to financial freedom. – Source
Vortex Debt Group is a debt settlement company that claims that “Debt settlement is one of the best alternatives to bankruptcy.” – Source.
Tim McCallan, President/Owner
Jessica Schlotter – Training Coordinator – firstname.lastname@example.org
Joshua Correll – Sales Supervisor – email@example.com
Elizabeth Flood – Administrative Assistant
Wayne Walton – title unknown but it is reported he runs the place – firstname.lastname@example.org
Michael Kisner – Operations Manager – email@example.com
Jeannie McCallan – Wife
Consumer Debt Resources, Inc.
The Achievable, Inc.
Vortex is advertising sales positions that speak about how much a sales rep can make by selling debt settlement. The focus seems to be on selling consumers into debt settlement and staff can make up to $80,000 in their first year doing so.
NOW HIRING – INSIDE SALES
Conducting On-the-Spot Interviews
Wednesday, January 6th thru Friday, January 22nd,
10 AM – 5 PM
For class starting on Mon., January 25, 2010
Vortex Debt Group, a leading Debt Solution Services Company, is seeking 25-30 inside sales agents to add to its existing team of sales professionals. Qualified applicants should have:
- Strong communication and interpersonal skills
- Professional attitude and appearance
- Experience preferred but not required
Vortex Debt Group offers a competitive compensation package which includes:
- $20,000 base salary plus monthly commission plan
- $65K – $80K 1st year earning potential
- Full benefits package
Vortex Debt Group
3270 Suntree Blvd., Suite 102A, Melbourne, FL 32940
Phone: 631-940-2400, ext. 2258
related terms: sales, inside sales, telesales, telemarketing, debt consolidation, customer services, call center, marketing, salesperson, account executive, sales reps, sales representatives
I also found an interesting previous job listing at the same address.
AMERICORP CUSTOMER SERVICE OPEN HOUSE Monday September 21 and Tuesday September 22 10 a.m. – 5 p.m. 3280 SUNTREE BLVD. SUITE 101. MELBOURNE, FL 32940
Now Hiring – Inside Sales
Conducting On-the-Spot Interviews
Wednesday January 6th thru Friday January 22nd
10:00 AM – 5:00 PM at Vortex Debt Group, 3270 Suntree Blvd, Suite 102A, Melbourne, FL 32940
For class starting on Monday, January 25, 2010
Email resumes to firstname.lastname@example.org only if you cannot attend an interview
Vortex Debt Group, a leading Debt Solution Services Company, is seeking 25-30 inside sales agents to add to its existing team of sales professionals.
Qualified applicants should have:
- Strong communication and interpersonal skills
- Professional attitude and appearance
Vortex Debt Group offers a competitive compensation package which includes:
- $20,000 base salary plus monthly commission plan
- $65K – $80K 1st year earning potential
- Full benefits package
They did not explain in writing in their contract how all of the fees and charges were to be charged, they missrepresented how they were to go about there buisness. They didnt do what they said they were going to do, these things were stated right in there contract on how they would conduct there buisness, and because they didnt do what they stated they would do, we were turned over to collections on 2 accounts. Then when we cancelled relations with them, they were to cash us out on our special interest account, we only got $480.00 out of 2.000.00 that we had paid in 4 months. please get all information on these debt consolodaters before you sign anything. youre better off dealing with the crediters youreself, good luck – Source
Picture of Web Site
Vortex Debt Group Client Contract
3270 Suntree Boulevard, Suite 102A
Melbourne, FL 32940
This Debt Negotiation Agreement (“Agreement”) is between the undersigned individual or individuals (“you”) and Vortex Debt Group, Inc. (“we”).
In consideration of the mutual promises contained in this Agreement, you and we agree as follows:
1. Purpose of this Agreement. This Agreement sets forth the terms and conditions under which we will assist you in negotiating and settling debts owed by you to certain unsecured creditors.
2. Our Services and Charges. An itemized list of the services we will provide and the charges for those services is set forth on Attachment 1. All attachments to this Agreement will be considered a part of this Agreement. You will pay our charges by transferring to us a portion of the funds you will be depositing in a special purpose bank account to be established and maintained by you (see paragraph 4 below). For this purpose, you must complete and return to us the Electronic Funds Transfer Authorization attached to this Agreement as Attachment 2. Through such Authorization, you give us permission to initiate a withdrawal from your special purpose account to pay our charges, when due. Please note that we do not provide tax or investment advice. We also do not provide legal advice, although we have arranged for you to be enrolled, at no cost to you or financial benefit to us, in a legal advice program described more fully on Attachment 10. We also do not provide advice or assistance in improving your credit record, credit history, or credit rating.
3. Your Financial Analysis and Plan. Your financial analysis and your debt negotiation plan are attached as Attachments 3 and 4. You warrant to us that you will review them prior to executing this Agreement. You also warrant that the account balances are no more than fifteen days old. Assistance with your financial analysis and plan may be obtained prior to, or after, your executing this Agreement, in person or by calling, toll-free, 800-518-4657. You will not voluntarily increase, by additional charges or otherwise, any debts included in the debt negotiation plan. We may, in our sole discretion, have excluded certain debts from those that we initially indicated to you that we expected to include in the plan. You must let us know immediately (a) if any of the information on Attachment 4 is incorrect, (b) if any of the information changes in the future, (c) if any of the debts listed are secured by your wages or any other property, or (d) if any of the debts are owed together with any person who will not be a party to this Agreement. We will not be able to negotiate a debt if our information about the debt is wrong, if it is secured in any way, or if we are not representing all of the individuals who are liable for the debt. Please note that any changes to Attachment 1 may result in changes in the negotiation plan and in the fees charged for our services. Attachments 5 and 6 contains important cautions about your debt negotiation plan that you should read before executing this Agreement.
4. Your Special Purpose Account. Your debt negotiation plan contemplates that the funds needed to finance any settlement of your debts will be deposited by you in a special purpose account owned by you. This account (the “Special Purpose Account”) will be set up for you at an FDIC-insured banking institution by Global Client Services (“GCS”), an independent financial services company. You must complete and return to us for delivery to GCS the Draft Application Agreement and Disclosure form (the “GCS Agreement”) appended to this Agreement as Attachment 6. The negotiation plan contemplates that you will deposit into the Special Purpose Account the amount set forth on your negotiation plan (see Attachment 4). Any failure to deposit this amount will alter the plan and delay the negotiation process. It will also entitle us to terminate this Agreement (see paragraph 7 below). GCS and the banking institution will impose charges, set by them, for their services in supervising and operating the Special Purpose Account. These charges are set forth in the GCS Agreement and will be payable by automatic withdrawal from the Special Purpose Account. You authorize us to view the balances in your Special Purpose Account. All funds in the Special Purpose Account will, however, remain yours until they are withdrawn as fees to GCS, to the banking institution, or us (see paragraph 5 below) or disbursed to your creditors in settlement of your debts. You may withdraw any balance in the Special Purpose Account at any time, subject to our right to terminate this Agreement (see paragraph 7 below).
6. Other Responsibilities We Have. In addition to our services as described on Attachment 1, we will send you promptly full details regarding any settlement proposals that we make on your behalf or that we receive from your creditors. We will not accept any settlement offer over 50% without your prior written approval. We will also provide to you an accounting regarding your plan at least once each month, within five business days after a request by you (but not more than once per month), and upon cancellation or termination of this Agreement. This accounting shall contain the following information: (a) The amount of money deposited by you into your Special Purpose Account since the last report; (b) the amounts and dates of disbursement of any moneys made from your Special Purpose Account to each creditor listed in your plan since the last report; (c) the amounts deducted from the amounts you deposited; (d) the amount held in reserve in the Special Purpose Account; and (e) if, since the last report, a creditor has agreed to accept as payment in full an amount less than the principal amount of the debt owed by you, (i) the total amount and terms of the settlement; (ii) the amount of the debt when the individual assented to the plan; (iii) the amount of the debt when the creditor agreed to the settlement; and (iv) the calculation of any associated settlement fee. We will maintain records for you for five years after the final payment made by you and produce a copy of them to you within a reasonable time after a request for them. We will notify you within five days after learning of a creditor’s decision to reject or withdraw from a plan. Such notice shall include the identify of the creditor and your right to modify or terminate this Agreement.
7. Termination of this Agreement. You may terminate this Agreement at any time and for any reason on five days’ prior written notice to us. We may terminate this Agreement upon written notice to you if you commit a material breach of this Agreement or if you fail to make any of the payments into your Special Purpose Account, or to maintain the balances in the Special Purpose Account, contemplated by your debt negotiation plan (see Attachment 4). Any power of attorney you have provided to us (see Attachment 7) will become ineffective upon a termination of this Agreement by you or us.
8. Notices. Except for a notice to cancel this Agreement (see Attachment 12), all notices permitted or required under this Agreement shall be deemed given when actually received or when sent certified mail, return receipt requested, with all postage affixed, addressed to you or us at the addresses set forth in this Agreement or any subsequent address of which you or we shall have given prior notice to the other under this Agreement.
9. Indemnification. You will indemnify us, hold us harmless, and defend us against any claims made against us relating to the services we provide to you under this Agreement other than claims arising out of our breach of this Agreement, our violation of law, our negligence, or our intentional wrongdoing.
10. No Class Actions. TO THE EXTENT ALLOWED BY LAW, YOU AND WE WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
11. Trial By Jury. TO THE EXTENT ALLOWED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
12. Arbitration. SET FORTH IN ATTACHMENT 10 IS AN ARBITRATION AGREEMENT. BY ACCEPTING THAT ATTACHMENT, YOU AND WE WILL BE AGREEING THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AS EXPLAINED IN THAT ATTACHMENT
13. Limitation of Remedies and Damages, Limitation of Remedies and Damages
13.1 Limitation of Remedy. NEITHER YOU NOR WE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER, EVEN IF THE PARTY CAUSING THE DAMAGES WAS NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES AROSE OUT OF A BREACH OF CONTRACT, THE COMMISSION OF A TORT, OR ANY OTHER CAUSE OF INJURY.
13.2 Maximum Liability. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES TO YOU EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT.
14.1 Entire Agreement. This Agreement, including the Attachments, constitutes the full and complete Agreement between you and us. It supersedes any and all other agreements or understandings, whether written or oral. If any portion of this Agreement shall be held to be contrary to law or unenforceable, the remaining portions of this Agreement shall not be affected.
14,2 Jurisdiction. This Agreement is made and the services performed in Melbourne, Florida. In the event of a dispute that is not resolved by arbitration as set forth on Attachment 9, the venue of resolution shall be Orange County, Florida and in no other location.
14.3 Limitation of Obligation. The non-fulfillment of any obligations under this Agreement shall be excused for as long as the non-fulfillment is caused by Force Majeure (Acts of God – such as, but not limited to; a fire or hurricane.) control.
14.4 Enforceability. In the event any one or more provisions contained hereof for any reason are held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions within this Agreement, all of which shall remain in effect.
14.5 Assignment and Amendment. You may not assign this Agreement, or any part of it, to any other
party. We may assign this Agreement to a successor company provided that such company agrees to be bound fully to its terms. We may modify this Agreement at any time, as long as the modification does not disadvantage you, by providing you written notification and a copy of the new agreement.
14.6 Electronic Communication. You authorize us to correspond or convey documentation to you via e-mail unless you notify us in writing otherwise. You acknowledge neither you nor we have control over the performance, reliability, availability, or security of e-mail.
You may cancel this Agreement without any penalty or obligation at any time before midnight Eastern Time of the 3rd business day that begins after you agree to it by electronic communication or by signing it. Please see Attachment 12 for more information about your right of cancellation, including a form of Notice of Cancellation.
This Agreement includes an Arbitration Agreement (see Attachment 9). This Agreement will not become effective until accepted and executed by us. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. YOU MUST BE GIVEN A COPY OF THIS AGREEMENT AND ANY ATTACHMENTS HERETO.
Acknowledged, agreed to, and accepted by us:
Itemized List of Services and Charges
Services Provided Free of Charge
The following services are provided free of charge, through the services of a certified counselor, whether or not you enter into an agreement with us:
1. Reasonable education about the management of your personal finances.
2. A financial analysis, a copy of which is attached hereto as Attachment 3.
3. A debt negotiation plan, a copy of which is attached hereto as Attachment 4, that—
a. We have determined, based on our analysis of the information you have provided to us and is otherwise available to us, is suitable for you and contains payment obligations that you will be able to meet; and
b. Sets forth for each creditor listed on Attachment 1 an amount that we believe such creditor will accept.
4. The availability, at your option, of assistance by toll-free telephone call to 800-518-4657, or in person, to discuss the financial analysis and plan attached hereto as Attachments 3 and 4.
Services Provided for a Charge in the Absence of an Agreement: None
Services Provided for a Charge with an Agreement
The following services are provided for a charge as part of your Debt Negotiation Agreement with us:
1. Set-up fee of $25.00. The set-up fee is payable upon our execution of the Debt Negotiation Agreement. This fee covers our services in setting up your account in our system.
2. Monthly service fee of $59.00. The monthly service fee is payable every month that any debt of yours is subject to negotiation. The monthly service fee is not refundable. This fee covers our services in monitoring your account, providing continuing education about the management of your personal finances, and responding to your inquiries and correspondence promptly.
3. Settlement fee of [X]. The settlement fee covers our services in making settlement proposals to, and responding to settlement proposals from, your creditors. It also covers communicating with you about any settlement proposals and obtaining your consent to any proposals
4. All fees are also refundable in the event you cancel the Debt Negotiation Agreement within three (3) business days of your acceptance as more fully explained in Attachment 12.
5. These fees do not include the fees payable to your banking institution and to Global Client Solutions in order to establish and maintain your Special Purpose Account as required in paragraph 4 of the Debt Negotiation Agreement with us.
6. The schedule of payments to be made by you, including the amount of each payment and the date on which each payment is due are as follows:
First Initial Payment: [X]
Recurring Monthly Payment: [X]
Monthly Due Date: 21
Electronic Funds Transfer Authorization
Attachment 4 & 5
ACCOUNT AGREEMENT AND DISCLOSURE STATEMENT
This Account Agreement and Disclosure Agreement (this “Agreement”) contains the terms, conditions, and disclosures that apply to your Special Purpose Account (your “Account”). By signing the application for your Account (your “Account Application”) and using your Account, you agree that this Agreement shall apply; and you agree to abide by all of the terms, conditions, and rules set forth herein. If you have questions that you do not believe are addressed in this Agreement, you can and should call, e-mail, or write Global Client Solutions, LLC (“Global”) at the number or address shown at the end of this Agreement. Please review this document carefully and keep it with your other important records. In this Agreement, the words, “I”, “me”, “mine”, “my”, “you” and “your” mean you and any other party who you authorize to use your Account.
Purpose, Nature and Use of the Account: Your Account is a special purpose account that you can use in connection with the debt settlement program you have undertaken. In general, you will be making periodic deposits to your Account from your primary bank account, and you will be periodically disbursing funds from your Account to repay your debts and the costs associated with your Account and your debt settlement program. Your Account is an FDIC-insured sub-account within a master custodial account maintained at the bank designated by Global (the “Bank”). You are the only one that has the right to authorize the transactions relating to your Account; and you may withdraw funds from your Account and/or close it at any time in the manner provided for below. Your Account may not be used for any illegal purpose.
Passcodes / Passwords: You will be provided with a four-digit passcode (your “Passcode”) that you will use to access your Account via the telephone and to identify yourself when contacting a customer service representative. You will also be provided with an initial Internet password (your “Password”) that you will use to access your Account via the Internet. You may change your Password from time to time for security purposes and you are encouraged to do so. You are responsible for the protection and use of your Passcode and Password. Do not disclose your Passcode or Password to anyone who does not have your permission to access your Account.
Telephonic / Electronic Communications: You authorize Global to accept and act upon any agreement or instruction received from you or authorized by you, concerning your Account where you have communicated that agreement or instruction by telephone, facsimile, e-mail or other electronic means using a telephone keypad or computer. Use of your Passcode, Password or any other form of identification designated by you in any transaction constitutes and will be accepted as your electronic signature, as that term is used in the federal Electronic Signature in Global and National Commerce law and other applicable laws.
Authorizing and Initiating Transactions: You have authorized certain transactions to be undertaken in your Account Application. From time to time, you may change those instructions and/or give other instructions to initiate deposits to or disbursements from your Account by using your Password to log into the Global website or by contacting Global customer service. You may also convey instructions through the Sponsor identified on your Account Application, and such instructions may be acted on without further confirmation unless you direct otherwise in writing. In any event, you must always provide a reasonable period of time to act your instructions. All authorized deposits to your account will be initiated pursuant to your instructions from time to time and all authorized disbursements will be made from your Account provided it contains sufficient “good” funds to cover the amount of the disbursement. However, neither Global nor the Bank, nor any service provider to either of them, will be responsible for determining when a payment is actually due, nor shall they be responsible for determining whether a payment is for the correct amount or otherwise proper. Their sole obligation in this regard will be to execute your payment instructions in a commercially reasonable manner as soon as practical after receipt of such instructions; and if they perform in such manner, they shall not be responsible for any late payment fee, penalty or other charge levied by your creditor, for any failure of your creditor to honor a settlement or for any other adverse action taken or not taken by your creditor or any other party.
Fees and Charges: You promise to pay the fees and charges shown in the Schedule of Fees and Charges set forth below and in your Account Application; and you agree that these fees and charges may be deducted directly from your Account. The monthly service charge for the first month in which your Account is opened will not be prorated and will be deemed earned on the first day your account is opened. Thereafter, the monthly service charge will be deemed earned in full on the first day of each calendar month during which your Account remains open. Other fess will be deemed earned at the time of the transaction or the event that gives rise to the fee. The fees and charges relating to your Account may be increased for any increase in the associated costs and expenses, in which case you will be provided with at least thirty days prior written notice.
Termination of Agreement: You may terminate this Agreement and close your Account at any time by sending a written notice to Global customer service. In addition, this Agreement may be terminated and your Account cancelled at any time without notice for inactivity, if your Account is improperly maintained or used, or if you otherwise violate any provision of this Agreement. If this Agreement is terminated for any reason, the collected balance in your Account will be sent to by check within a reasonable period of time.
Default and Collection of Accounts: If your Account is suspended, cancelled or otherwise terminated for any reason and your Account has a negative balance, you agree to pay the negative balance upon demand. Should you fail to remit the full amount of such negative balance, you shall remain responsible for the deficit and collection actions may be pursued against you. If any such collection action is undertaken, you agree to pay all court costs and collection fees, including reasonable attorney’s fees, to the extent permitted by applicable law.
Monthly Statements: You will receive a monthly statement showing your Account activity and balance by mail unless you have elected to receive your statement electronically. Additionally, you may obtain balance and transaction information by using your Passcode to access your Account via the telephone, by using your Password to log into the Global website or by calling Global customer service. You agree to carefully inspect your statement and promptly report any erroneous, improper or unauthorized transactions.
No Interest: No interest will be paid to you on or with respect to your Account.
Consumer Liability: If you believe someone has transferred or may transfer money from your Account without your permission, contact Global customer service immediately. Telephoning is the best way to keep your possible losses down.
FDIC Insurance: The funds in your Account will be FDIC insured up to a maximum of $250,000.00 or such lower or higher limit as may be established by the Federal Deposit Insurance Corporation from time to time.
Incomplete Transactions: Neither Global nor the Bank, nor any service provider to either of them, will be liable for failing to complete a transaction if you do not have enough money in your Account to complete the transaction; or if circumstances beyond their control prevent the completion of the transaction, including, without limitation, the acts or omissions of any ACH, check or other processor, the National Automated Clearing House Association, the Federal Reserve System, any other bank, or the directive of any regulatory authority
Error Resolution Procedures: In case of errors or questions about transactions involving your Account, call or write Global customer service no later than sixty days after the transaction in question has been reflected on your monthly statement. Please provide the following information:
1. Your name and Account number.
2. Date and amount of the transaction.
3. Type of transaction and description of the suspected error. Please explain as clearly as possible why you believe there is an error or why you need additional information.
4. Dollar amount of the suspected error.
If you provide this information orally, you may be required to you also provide it in writing within ten business days. You will be told of the results of the investigation of the suspected error within ten business days after you submit the information and any error will be promptly corrected. However, if more time is required to investigate the suspected error, it may take up to an additional thirty days to complete the investigation. If it is determined that there is no error, you will be provided with a written explanation within three business days of such determination; and you may ask for and receive copies of the documents used in making any such determination.
Creditor Disputes: You agree to settle all disputes about payments made to your creditors from your Account. Neither Global nor the Bank is a party to your debt settlement plan, and they do not participate in the negation of your debts. Accordingly, you hereby expressly acknowledge that neither Global nor the Bank have any involvement in or respon-sibilities of any nature with respect to your debt settlement plan or the results that you may or may not achieve from its execution.
Governing Law: The laws of the State of Oklahoma govern this Agreement. If any part of this Agreement is declared void or unenforceable, such provisions shall be deemed severed from this Agreement. The remainder of this Agreement shall remain in full force and effect, and shall be modified to any extent necessary to give such force and effect to the remaining provisions. No delay or forbearance in the strict observance or performance of any provision of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy, as the case may be.
Arbitration and Application of Law: In the event of a dispute or claim relating in any way to this Agreement or our services, you agree that such dispute shall be resolved by binding arbitration in Tulsa Oklahoma utilizing a qualified independent arbitrator of Global’s choosing. The decision of an arbitrator will be final and subject to enforcement in a court of competent jurisdiction.
Limitation of Liability: Under no circumstances shall Global pr the Bank ever be liable for any special, incidental, consequential, exemplary or punitive damages.
USA Patriot Act Compliance: In order to assist in combating terrorism and preventing the banking system from being used for money laundering purposes, you authorize Global and the Bank to take those steps that are reasonable and practical to identify you and any information about you, including, without limitation, securing or accessing a credit report on you, obtaining other information about you and otherwise verifying your identity as they are required to do by the USA Patriot Act.
Collection / Use of Personal Information: Col- lection of your personal information is designed to protect access to your Account and to assist in providing you with the products and services you have requested All personal information collected and stored by Global or the Bank, or on their behalf, is used for specific business purposes to protect and administer your Account and initiate your authorized transactions, to help to design or improve the applicable products and services and to comply with state and federal banking regulations. Only approved personnel will have access to your personal information. Furthermore, auditing mech-anisms have been put into place to further protect your information by identifying the personnel who may have accessed and in any way modified, e.g., updated or added to, your personal information. Maintenance of Accurate Information: It is your best interests to maintain accurate records concerning your personal information. For this reason, you are allowed to update your personal information online, at anytime, by using your Password to log into the Global website or by contacting Global customer service. tion, providing audit trails to further safeguard the privacy of your personnel information.
Limited Access to Personal Information: Access is limited to your personal information to only those personnel with a business reason for knowing such information. In addition, all personnel are educated about the importance of confidentiality and customer privacy. Individual user names and passwords are used by approved personnel to access your personal information, providing audit trails to further safeguard the privacy of your personnel information.
Third-Party Disclosure Restrictions: All third parties with a business need to access your personal inform-ation are required to adhere to stringent privacy policies. Your personal information may be supplied to a third party in order to process a transaction you have authorized or if the disclosure is allowed or required by law, e.g., the exchange of information with reputable reporting agencies in response to a subpoena, in connection with the investigation of fraudulent activity, etc.
SCHEDULE OF FEES AND CHARGES
One-time account setup ………….. $ 9.00
Monthly service charge …………… $ 9.85
Transaction and other fees:
Incoming wire transfer …………. $10.00
Dishonored/returned deposit item $ 0.00
Wire transfer ……………………. $15.00
2nd day check delivery …………. $10.00
Overnight delivery (3pm cutoff) .. $20.00
Stop payment order …………….. $17.50
CUSTOMER SERVICE INFORMATION
4500 S. 129th E. Avenue, Suite 175
Tulsa, OK 74134
Telephone – (800) 398-7191
Fax – (866) 355-8228
Note: Deposit instructions will be provided in the Global Welcome Packet for those customers who send in deposits.
Limited Power of Attorney-in-Fact
NO LEGAL ADVICE CAN OR WILL BE PROVIDED TO YOU UNDER THIS AGREEMENT
This Limited Power-of-Attorney-In-Fact does not revoke earlier powers of attorney given by you or on your behalf.
The undersigned, whose address is: _____ hereby appoint VORTEX DEBT GROUP, INC., whose address is 3270 Suntree Boulevard, Suite 102A, Melbourne, FL 32940 (800-518-4657) as my/our attorney-in-fact, with full power to represent me/us in negotiating the validity, reduction, settlement, and payment, as may be required, of accounts owed to my creditors.
I/We also authorize VORTEX DEBT GROUP, INC. to request, receive, and provide confidential credit and account information from / to creditors, credit reporting agencies, and other third parties who are involved with my credit issues.
I/We further authorize VORTEX DEBT GROUP, INC. to release a copy of this Limited Power of Attorney-in-Fact to my creditors, third parties, and third party processing companies, as needed.
This Power-of-Attorney shall be deemed revoked and be ineffective upon the cancellation or termination of your Debt Negotiation Agreement with us.
Protecting your privacy is important to Vortex Debt Group, Inc. (referred to in this notice as “we” or “Vortex”). This notice discusses our privacy practices with respect to guarding the confidentiality and security of your personal information. We are committed to assuring the privacy of individuals who have entered into a Debt Negotiation Agreement with us. This notice explains what information we may collect about you, how each of we may use it and how we protect it. Please read this carefully to understand what we do.
What kind of personal information do we collect and where do we get it?
In conducting our business, we collect and maintain various types of personal information about you including the following:
What do we do with the personal information we have about you?
This information is used by us primarily for the purpose of providing the services that you have requested, as permitted by law, and when required by law. Your financial information forms the basis of financial analysis that is conducted internally. In accordance with your signed Debt Negotiation Program Client Agreement, we will also share and exchange your personal information with your acknowledged creditors or those who have purchased or been assigned the debts you have listed with us and with third party companies that work for us to perform customer services related to your program. We also may share information with affiliated companies that work with us to provide services to you.
The law permits us to share information about our current and former customers with government agencies or authorized third parties under certain circumstances. For example, we may be required to share such information in response to subpoenas or to comply with certain laws.
We may also disclose non-public personal information about you to companies that perform marketing or other services on our behalf, to outside financial institutions with whom we have joint marketing agreements, or to nonaffiliated third parties, such as financial service providers and non-financial companies.
Further, in accordance with your signed Debt Negotiation Program Client Agreement you authorize us to provide Legal Care Direct TM, a third party company, with your name and zip code and that you are a client of Vortex.
How do we treat former customers?
The law allows us to share the personal information of former customers. We continue to adhere to the policies and practices described above even if you are no longer our customer.
How do we protect your personal information?
We restrict access to nonpublic personal information about you to those parties described above including employees and/or customer service providers who need to know that information to provide products and services to you or for quality control and research purposes. We maintain physical, administrative and technical safeguards that comply with Federal regulations to protect your nonpublic personal information.
How can you find out what information we have about you?
You may access your personal account information via our secured website, or through verbal or written contact with Vortex. You may correct your information by accessing your account information (for example, on a statement or in response to specific requests) and by telling us if it is incorrect by calling or writing to us at the telephone number or appropriate address for such changes on your statement or other materials.
What choices do I have about information sharing?
As discussed above, from time to time, we will share your personal information with affiliated and non-affiliated companies. If you prefer that we do not disclose your non-public personal information (other than transaction information which we are authorized to do under applicable law) among our affiliated companies, or that we do not disclose your non-public personal information with non-affiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). We may share personal information about you if we do not hear from you within 45 days of receiving our “opt-out
If you wish to opt out of disclosures to nonaffiliated third parties (other than disclosures permitted by law), you may do so by filling out the accompanying Information Sharing Opt-Out Election Form attached to this notice and mailing it to:
Vortex Debt Group, Inc.
3270 Suntree Boulevard, Suite 102A,
Melbourne, FL 32940
For two-party accounts, an opt-out election made by either signer of the Debt Negotiation Program Client Agreement will apply to the entire account.
Please allow several weeks for your opt out request to take effect. Please keep in mind that marketing may already be in progress. Your election to opt-out will remain in effect until revoked by you in writing. If you choose to opt-out, we will, however, continue to share your non-public personal information with third parties as permitted by applicable law.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
1. Purpose. If you and we have a Dispute (as defined below), you or we may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Agreement and cannot litigate the Dispute in court. Arbitration means you and we will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
2. Definitions. As used in this Provision, the term “Dispute” means any dispute, claim, or controversy between you and us, or any of our directors, officers, employees, or agents, arising out of, or relating to, the Debt Negotiation Agreement to which this Arbitration Agreement is an attachment, or otherwise regarding any aspect of your relationship with us, that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. “Dispute” includes the validity, enforceability, or scope of this Arbitration Agreement. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Agreement, the term “Arbitration Agreement” means all the terms of this
Attachment 10. This Arbitration Agreement shall not be interpreted to provide for arbitration of any dispute that does not constitute a claim recognized under applicable law.
3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU EXECUTE AND DELIVER THIS AGREEMENT BY EMAILING US AT OPTOUT@VORTEXGROUP.COM, OR BY MAIL TO VORTEX DEBT, INC., 3270 SUNTREE BOULEVARD, SUITE 101A, MELBOURNE, FL 32940. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, ADDRESS, AND ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION AGREEMENT WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE PROVISION OF SERVICES TO YOU BY US. IF YOU
HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO
DO SO AGAIN.
4. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or we elect to resolve your Dispute with us through arbitration pursuant to this Arbitration Agreement, the following arbitration organization will apply the appropriate rules for consumer claims then in effect to arbitrate the Dispute: American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org. A single arbitrator will resolve the dispute.
5. Restrictions. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE
GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CUSTOMERS, OR OTHER PERSONS SIMILARLY SITUATED, UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
6. Location of Arbitration. The arbitration proceedings will be conducted at a location reasonably convenient to you, and within 100 miles of a United States city serviced by an international airport. If the parties are unable to agree on a location, the determination will be made by the AAA.
7. Payment of Arbitration Fees and Costs. WE WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY AND EXPERT WITNESS FEES. IF THE ARBITRATION PROCEEDING IS DECIDED IN OUR FAVOR, YOU SHALL REIMBURSE US FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE US FOR ANY OF THE FEES AND COSTS ADVANCED BY US. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, WE WILL PAY ALL FEES AND COSTS WHICH WE ARE REQUIRED BY LAW TO PAY.
8. Severability. If any clause within this Arbitration Agreement is found to be illegal or unenforceable, that clause will be severed from the Arbitration Agreement, and the remainder of the Arbitration Agreement will be given full force and effect. However, if the provision precluding the arbitrator from having the power to conduct any proceeding as a class action, representative action, private attorney general action, or similar action is deemed invalid or unenforceable, then this entire Arbitration Agreement shall be deemed unenforceable. If a conflict or inconsistency arises between the AAA Rules and this Agreement, this Agreement will control. In the event that this entire Arbitration Agreement is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Agreement, you and we have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
9. Continuation. This Arbitration Agreement shall survive the termination of the Debt Negotiation Agreement between you and us.
Acknowledged, agreed to, and accepted by us:
Legal Assistance Program
Upon becoming our client, you will automatically, and at no additional cost, be enrolled in Legal Care Direct TM, .a legal service provider. Any services received would be completely independent of services provided by us under your Debt Negotiation Agreement with us (see paragraph 2 of that Agreement and Attachment 1). By entering into the Debt Negotiation Agreement, you authorize us to provide Legal Care Direct TM with your name and zip code.
Legal Care Direct TM is a nationwide discount legal referral service with a proprietary network of plan attorneys that provides free and discounted legal care solutions for members and their eligible family members. Legal Care Direct TM is a separate and distinct entity from us.
If it becomes necessary to provide you with a defense of claims or allegations raised by third parties against you, then you will have the option, at your own expense, to engage a Legal Care Direct TM member attorney to assist you. Other than the monthly enrollment fee, which will be paid by us, any fees due and payable by you to Legal Care Direct TM or a member attorney are your sole obligation and are unrelated and separate from the fees due under your Debt Negotiation Agreement with us and Attachment 1.
We make no representation or warranty regarding the services provided by Legal Care Direct TM. You agree to hold us and our directors, officers, employees, and agents harmless from any and all liability or damages arising or resulting from your engagement of Legal Care Direct TM or its member attorneys. For more information regarding Legal Care Direct TM, please refer to its website at http://www.legalcaredirect.com.
Acknowledged, agreed to, and accepted by us:
Consumer Credit File Rights under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any “credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 10 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations.
The Public Reference Branch
Federal Trade Commission
Washington, DC 20580
NOTICE OF RIGHT TO CANCEL
You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.
To cancel this agreement during this period, send an e-mail to email@example.com or mail or deliver a signed, dated copy of this notice, or any other written notice, to
VORTEX DEBT GROUP, Inc.
3270 Suntree Boulevard
Melbourne, FL 32940
If you cancel this Agreement within the 3-day period, we will refund all money you already have paid us. You also may terminate this agreement at any later time in accordance with paragraph 7 of your Debt Negotiation Agreement with us, but we are not required to refund fees you have paid us, except as may be required under Attachment 1 or by law.
I/We cancel this agreement,
Client agreement called Agreement_NewMainNoLimits OP 22.7 Rev 1 Eff 4/27/2009
Is This Your Company?
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