Global Client Solutions and Rocky Mountain Bank & Trust Said to Have Aided and Abetted Debt Settlement Companies to Violate Statute

A regulator friend of mine just forwarded me a copy of the State of Washington amicus brief filed in a class action case I reported about previously. The case is Carlsen v. Global Client Solutions and Rocky Mountain Bank & Trust. – Source

The State of Washington weighed in on the matter and make some strong statements that do not shield escrow companies of potential liability when working with debt settlement companies that violate the law.

Brief Summary

Everything below is from the amicus brief filed. You can read the full brief here.

  • Washington says Debt Adjusting Act and fee limits apply to the debt settlement companies that Global Client Solutions and Rocky Mountain Bank & Trust work with and serve.
  • State there is a private cause of action against Global and Rocky if the helped debt settlement companies violate the Debt Adjusting Act.
  • States that aider and abettors can be civilly liable for assisting others to violate the Debt Adjusting Act.
  • States holding Global and Rocky accountable is important.
  • Debt settlement companies are debt adjusters and statutory fees in Washington apply to them.
  • There is an implied cause of action under 874A and Bennett against Global and Rocky for aiding and abetting debt settlement companies that violate the debt adjusting act.
  • Helping debt settlement companies violate the Debt Adjusting Act can also result in aiding and abetting liability.
  • “If Global and Rocky provided the means and instrumentality to violate the law, then they should be liable under consumer protection law.”
  • “A party shall be responsible for the fault of another person…where both were acting in concert…”
  • Civil aiding and abetting liability can lie against Global and Rocky for any of four reasons.”

Sincerly,
Steve

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Damon Day - Pro Debt Coach

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48 thoughts on “Global Client Solutions and Rocky Mountain Bank & Trust Said to Have Aided and Abetted Debt Settlement Companies to Violate Statute”

  1. Outlook contact manager is a casual database.

    Most robust databases include those features you mentioned but why is that wrong? Think about it, who wouldnt want one centralized system to track and monitor everything? Remember, without these systems to track all the data, creating reports and providing transparency would be extremely difficult, if not impossible. I cant think of one industry that doesnt have a custom software system?

    There are several CRM’s designed specifically for the debt settlement industry….Debt Manager Soft, Prime Debt Soft, SX3, Next Gen CRM, Debt Settlement Machine, ESP and MOST of them can sync up to Global. Programs like Act, Goldmine, Salesforce or any of the off the shelf CRM’s can also be customized to streamlinie any business and also sync up to Global.

    At the end of the day, Debt manager is no different than any of the CRM’s I mentioned except they are owned by Global. Considering the tremendous amount of transactions that Global processes, doesnt it make sence for them to have an interest in also providing a software solution? Kind of like how QuickBooks offers payroll services. It’s just smart business.

    Global may be guilty of corporate greed but I think Aiding and Abetting is a bit much.

    Reply
  2. Calculator, I don’t know details of exactly when/why they switched or added MidFirst. I do know that in 2010 the “Phone Pay” option in Debt Manager had to be modified for some DS companies to send the correct value for MidFirst phone pay.

    Took forever, but I found this doc via Google…
    http://www.1stamericands.com/W

    MoneyGram Instructions:
    Agent locator – http://www.moneygram.com
    Sending Instructions
    Pay to – Global Client Solutions – MidFirst
    Receive Code – 7273
    Account # – ‘DR’+ last 8 digits of your 16-digit acct #
    (Example: DR12345678)

    Apparently their association was not publicized, but this proves the collaboration.

    That’s about all I can provide on GCS/MidFirst, not my area of expertise concerning GCS.

    I wouldn’t say my interest in the topic is dwindling, but my posting here is getting repetitive. You can email me at the vend2003 email address if you have questions along the way.

    Reply

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