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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92690
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Paul, I used this company (America One) to try to get a loan

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Paul, I used this company (America One) to try to get a loan (http://www.americaoneunsecured.com/). They charged me $300. Basically their claim is that they stand between the consumer and the banks / financial institutions and help people get unsecured loans. Supposedly they know which banks the customer best qualifies for. After paying them $300 and agreeing to their disclosure over the phone, they collected all of my personal information, including SS# XXXXX basically submitted my information to 2 local banks, both of the banks rejected my loan application. Initially I told one of the reps at America One that my credit score is above 700 and they told me that based on their experience, I would not have a problem to get a loan. Both banks rejected my offer, and basically the rep at America One, tells me that they can try to submit my loan app to other banks, however each bank they submit to will pull my credit, etc which will hurt my overall credit score. Additionally, the rep from AM One told me that he doesn't know my credit score. Only the banks who recieve my application know it. So my question is "how does this company really know which bank my app should go to". Overall I feel that this company has ripped me off of 300 dollars. I am still working with them and haven't gotten back in touch with them after the 2 rejects from the bank. Now they want to look into "additional plans" to help me get the loan. Instead I would prefer to get a refund and not deal with them anymore. I am just afraid that they disclosure and agreement I agreed to may prevent this. I also contacted the Better Business Beureu in their location to maybe get the ball rolling. My goal and objective is to get my $300 dollars back with no issues. I was also thinking to call the rep directly, tell them that I am recording the phone call for evidence and drill them with a bunch of questions. What approach and strategy do you think I should take regarding this issue? If you need additional info let me know Paul!
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Most of these companies that take money up front to secure a loan are nothing more than scams. The issue is going to be the terms of your agreement with them. If your contractual agreement with them was merely to submit your information to banks that had more favorable lending policies based upon your situation, then you may be stuck. If they guaranteed that they would secure a loan for you, then you would have a case for breach of contract. The problem is that you told them your score was above 700, which means they are going to claim you were not truthful to them and they performed based upon the information you provided. Of course, your counter argument will be they were negligent in their performance on the contract because they should have verified your credit score before submitting your information to any banks.

While you can call them and ask questions, if you tell them you are recording the call for evidence, chances are you will not get many answers. You can call them and tell them you are on a recorded line and you can tell them you have questions you need answered, they may talk to you. Again, the problem is going to boil down to what their contractual agreement was that they were to perform, merely to submit your name to banks with favorable policies or guaranteeing you would get a loan.


Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 4 years ago.
Paul,
When I paid the $300 dollars the rep verbally read the disclosure to me. Are they required by law to provide this disclosure in electronic (via email) format to me? What is the best way to request this info from them?
Expert:  Law Educator, Esq. replied 4 years ago.
If they recorded the conversation that would be sufficient, since there is no actual law that they had to provide you this in written form. However, you would of course argue if this came to court or to them to settle that they should have provided the disclosures in writing. If it is not available on their web site, you can call and simply ask for them to send you a copy so you can have it for your records.
Customer: replied 4 years ago.
Thanks! Did you see my other question about the herbal smoke blend? If you cannot answer this question, I will repost it for the other lawyers.
Expert:  Law Educator, Esq. replied 4 years ago.
I saw it, but it looks like it was closed for some reason. If you want to send it to me I will take a look at it and see if I can assist you. Please do not forget to click accept for this question if you have not done so already.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92690
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Here is the question:

Paul, there are many internet sites selling a product known as "herbal incense", or "herbal smoke". Basically these companies take natural herbs like Baybean, Blue Lotus, and Red Clover and spray / lace them with synthetic chemicals like "JWH-018", which is a synthetic chemical known to produce effects similar to marijuana. The companies appear to get away with selling these products because they claim on their website and on the product packaging that the product is "not for human consumption". However, I would say 99% of the consumers who buy this product consume it by smoking it. Here is my question. If a company sells a herbal smoke blend product and they claim that it is 100% natural and that it contains no chemicals, or additives, would this mean that they are claiming that the product does not contain JWH-018 or other chemicals, even if they still stated on their website that their products are not for human consumption? Additionally, if one of these "all natural" products were tested and proven to contain a synthetic chemical like JWH-018, what could a consumer legally do against a company like this? And what penalties would such a company be faced with?
Expert:  Law Educator, Esq. replied 4 years ago.
The reason they get away with this is twofold. First, the fact they are selling it as incense and not for consumption means it does not fall under FDA or any other guidelines. Second, because the FDA really has an impossible time controlling internet sales, most of these companies go undetected. Because it is incense and not regulated it can be sold for that purpose and the disclaimer the companies use to not consume the product cover them for liability.

The false claims that it is 100% natural with no additives would be seen as false advertising if anyone were to bring a suit against the company and the company could be hit with hefty fines for this by the Federal Trade Commission, if they are located in the US (and many are not).


Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 4 years ago.
Yes, the main company i am dealing with is claiming that their product is 100% natural, and does not market or sell their products as insense, they sell their products as legal smoking alternatives. That is how they market their products. On their product packaging they don't have any disclaimers stating that the product is "not for human consumption". In their terms and conditions, they do state their products are not for human consumption, but it would seem that they are canceling out this disclaimer by the way they promote their product. Additionally, I asked their representitive via email if their product contains any synthetics, and they told me that they dont, so I have this as evidence. I only have a PO Box and a phone number from the company, and the phone number appears to be disconnected. The po box is listed in Arizona somewhere but thats about all the info I have on this company. I don' tknow 100% for sure if their product is all natural or if it does contain a synthetic. I was thinking to get the producted lab tested, however this will be expensive. Would it be worth it? If the lab results prove that their product does contain a synthetic substance, what would be the proper route I would take to maximize and secure a return on investment? (Sueing, court, etc)?
Expert:  Law Educator, Esq. replied 4 years ago.
It seems like this company is setting itself up for liability in not advertising properly. As I said, the FDA and nobody else really enforces these companies or regulates these substances. If they claim their product does not contain any chemicals, then all you can do is take their word for it which would absolve you since they are the manufacturer and it is reasonable to rely upon their representations.

If you end up getting sued for the product, then you can rely on what the manufacturer claims and if it is proved otherwise, then you would file a countersuit against them for any damages you would be found to liable to pay and that is the best and cheapest means to deal with this.
Customer: replied 4 years ago.
Im referring to me suing them for saying their product is natural when in fact it is not and contains synthetic chems. I'm not worried about them suing me, they are at fault. So what would be the best route for me to take in a situation like this and who would I contact?
Expert:  Law Educator, Esq. replied 4 years ago.
Yes, you can sue them if you prove the product contains chemicals and you could file a complaint with the Attorney General in the state where they are located and also with the Federal Trade Commission for false advertising.
Customer: replied 4 years ago.
Ok, so how would I go about suing them if I don't even have their address or any specific information? How much could I sue them for and for what damages, etc? What would the attorney general do about such an issue?
Expert:  Law Educator, Esq. replied 4 years ago.
You would have their company name and address and if it is a P.O. Box in AZ, you would start with the AZ Secretary of State's Office. You can only sue them for any actual damages you receive from their product, which would mean if you had no harm, only a refund of the purchase price. This is why so few of these suits go forward on small scales. The AG's office handles deceptive or fraudulent advertising along with the Federal Trade Commission.
Customer: replied 4 years ago.
Regarding the AZ sec state of office, can I simply provide them with the companies info and they would give me the details or do I have to explain for what purpose am I requesting the information for?

Regarding sueing the company, it sounds like a waist of time because I didn't suffer any damages. JWH-018 is unknown from the long term effects of using it.
Expert:  Law Educator, Esq. replied 4 years ago.
You can go online with the secretary of state's office from every state and search their business database which will give you the physical address of the company and the name of the agent for service (party you would serve if you sue them). You would have to sue them in the location where they are located, which makes suit even more of a waste of time in most cases.
Customer: replied 4 years ago.
I'm on the AZ website but all I can type in is the name of the company which I don't know. I just know their website address, which isn't going to help me. Any ideas?
Expert:  Law Educator, Esq. replied 4 years ago.
If the company name is XXXXX XXXXX the website, then this is a problem. What would happen here would be that if you had to sue you would sue "XYZ Company" and then through subpoenas to the internet host company you would have to get the name of the owner of that site.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92690
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok, i did alot of diging and I found it, thanks!
Customer: replied 4 years ago.
I ended up googling the po box and found out the guy has like 15 different businesses. I got his info from his main business. Thank you so much for your info on that one!
Customer: replied 4 years ago.
Paul,
Regarding the America One company, this is their terms. Do you see any spots in this agreement where I would have the advantage?

Below are the general terms of America One Funding Group, Corp.’s (“AmOne”) Loan Consulting Division’s service (“Agreement”). You acknowledge that you have retained AmOne’s expertise for the service described below.

Description of AmOne’s Loan Consulting

AmOne offers consulting expertise designed to provide you with programs, resources and strategies to help you achieve your borrowing related goals (“Service”). Our goal is to provide you a better opportunity of achieving borrowing success than you could have accomplished without using our expertise. We designed our consulting to save you time and money, while providing you clarity and the peace of mind of knowing that every reasonable borrowing option for your situation was explored.

AmOne offers consulting expertise designed to provide you with programs, resources and strategies to help you achieve your borrowing related goals (“Service”). Our goal is to provide you a better opportunity of achieving borrowing success than you could have accomplished without using our expertise. We designed our consulting to save you time and money, while providing you clarity and the peace of mind of knowing that every reasonable borrowing option for your situation was explored.

More specifically, as part of retaining our expertise, you will receive the following:

1. AmOne will identify and confirm the ideal program for your situation. As your representative may have indicated to you, we typically explore an unsecured loan option first for our clients (unless you indicated another preferred option). The reason for this is our consulting method typically follows a path of least resistance philosophy. We don’t believe our clients should risk their assets to borrow money, unless it’s absolutely necessary. When you combine that with the fact that an unsecured loan option is usually the least cumbersome loan to obtain from a paper work and time perspective, this particular loan program is often a great starting point.
2. AmOne will determine the best sources within your ideal loan program that are actively focused on lending to borrowers in your market.
3. AmOne will analyze your situation to determine the proper loan amount to apply for that best fits your goals and budget, while also being viewed most favorably from the lender’s perspective.
4. AmOne will guide and support you through the application process and help you avoid costly mistakes that can often get borrowers unknowingly denied.
5. AmOne will provide ongoing support to help expedite the decision and closing process.
6. If necessary, AmOne will provide alternative solutions and strategies to increase your current and/or future chances of borrowing success.

Please note that while AmOne is confident that we provide our clients the best opportunity for loan success, due to the constantly evolving nature of the lending environment and the differences in every client’s current situation, it is not possible for AmOne to guarantee a particular exact outcome. The only reliable way we can determine your true potential for loan success is to complete the above process. However, as your AmOne representative may have informed you, we do offer the following Good Faith Guarantee.

AmOne’s Good Faith Guarantee

If after retaining our Service you are approved and funded at a better interest rate by a financial institution other than one recommended by AmOne then we will send you $299.00 (“Good Faith Guarantee”).

In order to qualify for the Good Faith Guarantee, your loan proceeds must be equal or greater than the amount you sought through AmOne and obtained at a lower interest rate than any corresponding offer provided by an AmOne recommended lender.

To process your request, simply fax documentation of your acceptance of the loan offer to AmOne’s finance department at 1-XXX-XXX-XXXX and we will immediately mail you a check. The AmOne Good Faith Guarantee is valid for ninety (90) days after the date you retained the Service.

Terms of Delivery

Our process was designed to ensure that you receive maximum value from each of our experts every step of the way. You can expect it to proceed as follows:

Prior to your first consultation, our Lender Management department will typically spend a few hours evaluating the best available loan programs and lender(s) in your market. During that time, AmOne will contact you via e-mail to collect certain additional information that will help AmOne facilitate your loan application.

After Lender Management’s research is complete, you will be contacted by your AmOne Loan Consultant, who has expertise in the loan program that is best for your unique situation. Together you will review the results and discuss the solutions and next steps. Your Loan Consultant will become your main contact guiding you through the application and decision process by providing feedback, support and follow-up assistance.

Third Party Recommendations

It is not intended to state or imply that AmOne is affiliated in all instances with any 3rd party recommendation (loan or credit provider) that we may suggest for you. Our goal is to help you obtain the best possible outcome for your situation, so our assistance is unbiased and not always in connection with any specific product or lender relationship, as other strategies may be more appropriate for you.

You understand that approved loan amounts, terms, interest rates and paperwork requirements are set by the lender(s) and are based on a combination of factors, including your income and past credit history.

You understand that while AmOne will provide you guidance whenever necessary, you will be required to communicate with lenders directly and follow their closing procedures, and should you accept a loan, it is understood that your ongoing relationship will be with the lender, and not AmOne.

You understand that any resources provided by AmOne are to be used at your discretion and you are under no obligation to pursue our suggestions, or to inform AmOne of the outcome. In addition, if for any reason you feel a recommended lender is not a good fit, then simply let us know and we will conduct additional research to find you an alternative solution.

Your Application to the Lender

Whenever possible, AmOne will facilitate your loan application for you. This can save you time and potentially help you avoid mistakes.

For any application AmOne submits to a lender on your behalf, you understand and agree to the following:

* That you have authorized AmOne to help arrange for financing on your behalf with special and limited power of attorney to represent you in the application and verification process, either electronically, verbally, written or otherwise.
* That the lender will likely review your credit report prior to making a final loan decision.
* That you will hold AmOne harmless of any unintentional misrepresentation.
* That depending upon the nature of your loan request, and other possible factors, financing may be approved in your personal and/or business name, and in some instances a lender may request a co-signor or co-applicant.
* That prior to being applied, you may be asked by AmOne to agree to a lenders posted, pre-application disclosure.
* That the lender, not AmOne, will communicate to you all decisions made regarding your application.
* That you hold AmOne harmless, meaning not liable for, from the results of any agreements you make with a lender.

Remuneration

You understand that you have retained AmOne’s Loan Consulting Division and agree to our standard one-time consulting and processing cost of $299.00 for the Service described above.

Commitment to Client Satisfaction

For 10 years, AmOne has placed client satisfaction as our highest priority. If there is any way we can further satisfy you, please feel free to contact us directly at 1-XXX-XXX-XXXX extension 5051. For billing questions you may contact our finance department directly at 1-XXX-XXX-XXXX extension 5067.

Term of the Use of AmOne’s Service and Term of this Agreement

The original use of AmOne’s Service is valid for sixty (60) calendar days after the date you retained our consulting assistance. The Service may be used at anytime during this period.

As a first time client, AmOne has also extended to you a complimentary use of our Service after your initial 60 day term ends, which will be valid for one (1) calendar year after the date you retained the Service (“Complimentary Use”). The Complimentary Use may be used at anytime during this period for any loan or credit related assistance you require.

Please note that AmOne has various company divisions. Each division maintains its own separate agreement, with its own specific terms and associated costs. The terms of this agreement only apply to AmOne’s Loan Consulting Division. If you’re interested in learning about other ways AmOne can assist you, please speak to your Loan Consultant.

Contact Information
America One Funding Group, Corp.
12270 SW 3rd Street
Building 400
Fort Lauderdale, Florida 33325 Tel: 1-XXX-XXX-XXXX
Tel. 1-XXX-XXX-XXXX
Fax: 1-XXX-XXX-XXXX
Email:XXX@XXXXXX.XXX
Web: http://www.AmOne.com

DISCLAIMER

AMONE IS NOT ANY OF THE FOLLOWING TYPES OF COMPANIES: BANK, LENDER, CREDIT SERVICES ORGANIZATION, CREDIT COUNSELING COMPANY, DEBT SETTLEMENT COMPANY, LOAN MODIFICATION COMPANY, AND/OR CREDIT REPAIR COMPANY. AMONE DOES NOT PROVIDE LEGAL, INVESTMENT OR TAX ADVICE. FOR ASSISTANCE OF THAT KIND, YOU MAY WANT TO CONSIDER AND LEGAL, INVESTMENT, OR TAX PROFESSIONAL.

DUE TO NUMEROUS AVAILABLE OPTIONS, NO CONSULTING COMPANY CAN BE EXPECTED TO FIT EVERYONE’S NEEDS IN ALL INSTANCES. HOWEVER, AMONE MAKES A BEST FAITH’S EFFORTS TO STAY CURRENT ON AS MANY OPTIONS AS POSSIBLE. AMONE RESERVES THE RIGHT TO UPDATE THIS AGREEMENT WITHOUT REGARD TO PRIOR NOTICE OR CONSENT.

CLAIMS, GOVERNING LAW, LIMITATION OF LIABILITY, AND ARBITRATION

ANY CLAIM OR CONTROVERSY ARISING OUT OF THE USE OF AMONE’S SERVICE OR OUT OF DOING BUSINESS WITH AMONE IN GENERAL SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND WILL BE CONDUCTED EXCLUSIVELY IN BROWARD COUNTY, FLORIDA. THIS MEANS THAT YOU AGREE TO WAIVE YOUR RIGHTS TO DEFEND YOURSELF IN COURT. THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD DAMAGES BEYOND ACTUAL COMPENSATORY DAMAGES. YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AGAINST AMONE. IF A DISPUTE ARISES AND THE ARBITRATION CLAUSES DESCRIBED HEREIN BECOME UNENFORCEABLE THEN YOU AGREE THAT THE JURISDICTION AND VENUE OF ANY SUIT SHALL BE EXCLUSIVELY IN BROWARD COUNTY, FLORIDA. SHOULD THIS OCCUR, YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

YOU AGREE TO HOLD AMONE HARMLESS OF ANY UNINTENTIONAL MISREPRESENTATION. AMONE IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RELATED TO YOUR CREDIT OR FROM THE USE OF THIS SERVICE, WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF OUR SERVICE OR ANY OTHER REFERENCED SITES, FROM THE SITE BEING DOWN OR FROM ANY OTHER USE OF THE SITE. THIS MEANS THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
Expert:  Law Educator, Esq. replied 4 years ago.
The problem with the above terms of service from AmOne is that they tell you they do not guarantee you getting any loans and they make it clear that all they will do is help identify lenders will be your best chance of securing a loan. It is clear in the wording of the above agreement that they are not telling you that you are guaranteed to get the loans you apply for to lenders that they suggest to you and that you are under no obligation to even use the lenders that they suggest to you.

Furthermore, the dispute resolution clause makes you have to go through arbitration in Broward County, Florida, and you can only recover actual damages, meaning your $300, and the cost of you traveling to Broward and the cost of the arbitration would be well above that $300, which is a second reason many people likely do not pursue disputes.
Customer: replied 4 years ago.
traveling to broward county is not a problem, I live close to it luckily. However there is a cost to do arbitration? If yes, what would that cost be ususally? What would happen if I just reported them to the Better business beureu?
Expert:  Law Educator, Esq. replied 4 years ago.
Yes, there is a cost of about $2000 most times for arbitration which is shared by the parties. Again, all you could recover here generally is your actual damages. Reporting them to the BBB would at least let the BBB negotiate a refund on your behalf and most of these companies will refund money if they are even half way legitimate when the BBB contacts them.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92690
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
I will look into that option.
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you and best of luck.
Customer: replied 4 years ago.
HTML clipboardPaul,
A few updates on this America one company. I think I have more information on this company that works in my favor and I would really appreciate your opinion on this matter. AmOne claims that they are a "BBB Accredited Business". They even have the BBB logo at the bottom of their website! However, when I go to the BBB's website, the BBB explicitly shows them as NOT being accredited. So they are lying about this. Would this be considered fraud? Please check for yourself. This is their website (http://www.amone.com), at the bottom you will see the "BBB" logo. Now here is the BBB link which directly reports their company, you will see there are numerous complains and that their company has an "NR" Rating, and that they are not accredited. Here is the link: http://www.seflorida.bbb.org/Business-Report/America-One-Funding-Group-26001664 Additionally, when I signed up with this company, they claimed they were an A+ rated company with the BBB and I still have the evidence on my phones web browser because I didn't delete my old web cache. So I strongly feel that I am entitled to my money back if not more. What should I do? What is the best way for me to handle this situation now, that I have provided you with this new evidence?
Expert:  Law Educator, Esq. replied 4 years ago.
It would be considered false advertising for sure and you need to notify the Attorney General's office AND the BBB for them to begin taking action. Notice to both is the best way to handle this at this point. Then if they cannot get your money back out of them, a suit for misrepresentation/fraud would be your best bet since they intentionally misrepresented themselves as being a credible business and you would argue you would not have worked with them had they not advertised they were BBB accredited.

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Law Educator, Esq.
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