Catalyst Complaint Cover Page 268165 Complaint Number 268165 Status Closed Date 4/30/2007 Assignee Location Seattle - Consumes Protection Division Actual Savings S1,038.00 NAICS 711300-Promoters of performing arts, sports Amount Disputed $1,038.00 & similar eve Estimated Savings Complainant France N Coleman Phone Day (206) 214-6835 326 QUEEN ANNE AVEN 305 Phone ening Error Email nick9810S@hotmail.com SATILE, WA 98109 Respondent(s) MDF Talent Agency Dave Wright (206) 682-0432 (800) 682.0432 PO BOX $8830 Tukwila, WA 98138, Referral(s) Name nia, Phone Contact Phone Email Practice(s) Code Practice 005 Bit & Switch Activities ‘Date Add: ‘Aciivity Type 5/7/2007 CATS Correspondence WP Letter: Sent _C500_Information (used with R500 & most other Respondent letters) 1of2DateAdded = Activity Type 572007 5723/2007 5/24/2007 5724/2007 5/23/2007 CATS Comespondence Other CATS Correspondence CATS Comespondence Resolution-ADJUSTED 2of2 WP Lotter: Sent RS00_ First letter to respondent May we please have your reply Status changed fom OPEN/PENDING to CLOSED REVIEWED WP Letter: Sent C404 Enclose copy of firm's reply WP Letter: Sent R710 To business after their response indicating adjustmentSheet Complaint Number: SEA - 268165 Confidential? NNO PHOnE Complaint Date: 04/30/2007 Intake: int “OAS Status: OPEN/PENDING Staff: INDUDHARA, VIVEK Referred Fro! [Respondent(s) 2 Respondents for complaint Under Respondent: United Collection Service In. | Name: United Collection Service, Inc. Telephone: (206) 682-0432 — Ext: E-mail: dibla: Service #: (800) 682-0432 Ext: WEB: | ‘Address: 720 Third AVE #2210 Fax: (206) 623-3117 | SEATTLE WA 98104 3309 Contact Dave Righs Name: MDF Talent Agency Telephone:() = Email ble: Michael D. Fields Nat! Casting Service #: () Ext Wee: Address: 11431 NE 20th ST STE A Fax:( ) - BELLEVUE WA 98004 Contact | [Complainant Name: France N. Goleman Day: (206) 2146535 Ext | Address: 826 QUEEN ANNE AVEN 305 Evening: ( ) - Fax () = | SEATTLE WA 98109 Evening: () - Ext E-mal: nick88105@hotmal.com | COWPLAINTINFORWATION Business Type: 71 - Arts, Entertainment & Recreation __ NAICS: 711300 - Promoters of performing arts, spe Location: SEA _ Assigned to: INDUDHARA , VIVEK Assigned By: GROFF, STEVE | Date Reviewed: by: Date Assigned: 05/07/2007 Practice Code: 005 - Balt & Switch | [Actvities: Correspondance and Contacts acy leaky Omcipion Ren Qsni2bo7 Compe Roposiany No ae cena [ostw7re007 WP Letter ‘Sent _C500_Information (used with R500 & most other Respondent letters) osio7/2007 «WP Letter ‘Sent R500_First letter to respondent; May we please have your | me, 7 | vatpl Dipastion ADT = Daniiod #1039 Closed By Est Savings roiones §/UJOF Acta Sovnas: £089 Date Letter/Activity Instructions Supv Sig Sent by/Date C404 Pye RHO BxpYe7 Page ‘f+ Pnted: May 7,2007 1035,Rob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 « Seattle WA 98104-3188 May 24, 2007 FRANCE N COLEMAN 326 QUEEN ANNE AVEN 305 SEATTLE, WA 98109 Re: UNITED COLLECTION Si FilefiSEA — -268165 ERVICE, INC. AND MDF TALENT AGENCY Dear France N Coleman: Thave received a reply from United Collection Service regarding your complaint. Enclosed is a copy of that reply for your records. We are now closing our file, Tam happy that our office was able to be of service to you in this matter. VIVEK INDUDHARA Complaint Analyst Consumer Protection Division (206) 464-6686 Enclosure ‘Tn Washington Call P##PPree 1-800-551-4636Rob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 + Seattle WA 98104-3188 May 24, 2007 UNITED COLLECTION SERVICE, INC. DAVE RIGHD PO BOX 3309 SEATTLE, WA 98114 Re: FRANCE N COLEMAN File#SBA — -268165 Dear United Collection Service, Inc.: ‘Thank you for your recent communication informing our office of the resolution of the complaint of France N Coleman. ‘We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed our file accordingly. VIVEK INDUDHARA. Complaint Analyst Consumer Protection Division (2.06) 464-6686 In Washington Calr-Fa¥Tree 1-800-551-4636UNITED COLLECTION SERVICE, INC. P.O. Box 3309 Seattle, Washington 98114-3309 720 Third Avenue Suite 2210 Seattle, Washington 98104-1825 1-800-682-0432 (206)682-0432 FAX(206)623-3117 Wo, wwmunitedcollectionservice.com May 17, 2007 AG OF WASHINGTON 800 5™ AVE #2000 SEATTLE WA 98104-3188 RE: SEA268165 Due to our clients lack of response to our request for full documentation we have closed our file. This information will be forwarded to the credit bureau requesting deletion however it may take up to 90 days to be put into effect. a Yours, Member of Washington and American Collectors Association License # 224-01-35Aba 2GEVO Srl bare RECEIVE!) April 16, 2007 APR 18 ain? (Mr. Dave Wright HTTGANEY GEREHAL OFF” Vice Presicent SEATTLE United Collection Services, Inc. 16040 Christensen Tukwila, WA 98188 Mr. Wright Regarding collection account AIEEE (Cliont: MDF Talent Agency), | am formally requesting that your firm either produce demonstrable and substantive evidence to support your action against me within ten (10) business days or withdraw this collection effort immediately. | have notified the relevant credit reporting agencies of this matter and they have placed this issue in a “disputed” status. | am also notifying the Office of the Washington State Attorney General with regard to questionable account ‘collection practices on the pert of both Michael David Fields (MDF) Talent Agency and United Collection Services, Michael David Fields’, hereafter referred to as “MDF”, action and hence your consequent action against my credit as had a measurable and pronounced impact on my ability to qualify for a specific home loan, Without even attempting to notify me (I was never noified by UCS of any collection attempt, apparently dating back to June 2004 as reported by Equifax) of your collection attempt, your action has impacted my credit rating and caused significant financial damages. Lem currently pursuing legal action against MOF regarding this matter. | wish to offer the following for your legal consideration: 1. There is not now, nor has there ever been a debt owed by either myself or my wife toMDF. Therefore this action by UCS is improper and unjustified. MDF cited a breach of contract by my wife, which Mr. Fields ‘maliciously used as a context for his collection action. Since learning ofthis collection action in December 2006, | have received legal advice that my wife did not, in fact, breach her contract with MDF. tis incumbent upon UCS to confirm thal MDE had reasonable and proper cause to claim of breach-of-contract {0 initiate collection action, 2. Because MDF had no legal right and likely did not provide adequate supporting documentation to your firm ‘when initiating this action, UCS had no legal right to do so. If you disagree, | would request that UCS disclose proper documentation pursuant to the Fair Debt Collection Practices Act that would justify your collection attempt | understand that MDF may be experiencing now or has in the past experienced other similar irregularities, issues ‘and/or accusations concerning its business practices. | am confident that my pending legal proceedings against MDF wil be successful. | urge you at this time to withdraw your collection action against me. Otherwise, | may choose to seek damages against both MDF and UCS in the course of a single legal action Please advi f vour intentions within ten (10) business days resarding my request that you ‘withdraw this collection action, — ‘Thank you, | BP veins account Senveee | | K Derat | France Coleman 326 Queen Anne Avenue North, #205 Thi 3 fe der 18 1» cerineaind Seattle, WA 98109 th 3 vemp hint Z fled | Cc: Washington State Attorney General _ elecrremenlly yestEndg Equifax WA geur deot re Transunion : Experian | PDE fhetene! Ca etas # | Taen | Thank feu, | a aeRob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 + Seattle WA 98104-3188 May 7, 2007 FRANCE N COLEMAN 326 QUEEN ANNE AVEN 305 SEATTLE, WA 98109 Re: UNITED COLLECTION SERVICE, INC. AND MDF TALENT AGENCY File#SEA — -268165 Dear France N Coleman: Your complaint to this office regarding United Collection Service, Inc. And MDF Talent Agency has been assigned to me. [will contact the business for its response to your complaint and will then contact you. Normal handling of complaints takes about three weeks, although many businesses do make prompt adjustment of valid complaints. If the business does not respond or declines to adjust your complaint, this office cannot require it to do so, nor does the Consumer Protection Act give us permission to act as your private attomey. Our office brings lawsuits in the name of the State of Washington against businesses for violating the Consumer Protection Act. Because both staff and budget are limited, only eases which involve the greatest harm to the public can be prosecuted, If the office is unable to resolve this complaint, I will inform you of altematives. If you need to contact me, please write to me and note your file number SEA -268165, or call me at (206) 464-6686. VIVEK INDUDHARA ‘Complaint Analyst Consumer Protection Division (206) 464-6686 In Washington CalP Y&PP ree 1-800-551-4636Rob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 + Seattle WA 98104-3188 May 7, 2007 UNITED COLLECTION SERVICE, INC. DAVE RIGHD PO BOX 3309 SEATTLE, WA 98114 Re: FRANCE N COLEMAN File#SEA — -268165 Dear United Collection Service, Inc.: This office has received the enclosed complaint from France N Coleman regarding your firm. May we please have your reply so that we may determine how to proceed in this matter. ‘We request your response within 14 business days. If you are unable to provide your response during that timeframe, please contact this office to make alternate arrangements; please address it to me and reference our file number SEA -268165. VIVEK INDUDHARA. Complaint Analyst Consumer Protection Division (206) 464-6686 Enclosure(s) In Washington Cal PPFree 1-800-551-4636Rob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 + Seattle WA 98104-3188 May 7, 2007 MDF TALENT AGENCY 11431 NE 20TH ST STEA BELLEVUE, WA 98004 Re: FRANCE N COLEMAN File #SEA — -268165 Dear MDF Talent Agency: This office has received the enclosed complaint from France N Coleman regarding your firm. May we please have your reply so that we may determine how to proceed in this matter. ‘We request your response within 14 business days. If you are unable to provide your response during that timeframe, please contact this office to make altemate arrangements; please address it tome and reference our file number SEA -268165, VIVEK INDUDHARA Complaint Analyst Consumer Protection Division (206) 464-6686 Exelosure(s) In Washington Call $F ree 1-800-551-4636LOB ld Received Via Internet: 4/17/2007 04:09:57 PM Form Type: eng CCRC-CASEH: 67368 Consumer information Name: Coleman, France N ‘Addross: 326 Queen Anne Avonue N. #305 City: Seattle State: WA Zip: 98109 Day Phono: 2062148535 Evening Phone: 2062146535 E-mail Address: nick98105@hotmail.com ‘Age Group (optional): 40-49 Yes Inorderto process your complaint, the Attomey General's Office will send a copy of your complaint tothe complained of business. Do you want the Atlomey General's Ofice fo send this business a copy of your complaint? | undorstand that | answer No, the Attorney General's Office will not process this complaint. Addktonally, ‘f1 answer Yes, | understand that my complaint and any related documents | have submitted will become “public records.” Under state law, public records are subject to public records disclosure requests, Under some circumstances, my complaint and related documents may therefore be seen by other people. Business Information "Name of business that | am complaining about: MDF National Talent ‘Address: 11431 NE 20th St Sto A ity: Bellerue State: WA Zip: 98004 Phone: 4256522456 Toll-Free: Fax: Esai none avaialble Name of owner or manager (i Michaol David Fiolds "Names and addresses of any other businesses involved in your Cost of item or Did you sign a contract? Yes Date of transaction: NA Salesperson's nama: Was an advartisoment involved? No Dato and source of - ‘About Your Complaint Have you complained to the Yes ILYES, to whom (include Michael David Fields , via WA Better Business Bureau, Case# 22100716 (owner, MDF Talent) This is a copy of the complaint: 3117107 Original Complaint to BBB: {In June 2004, MDF had cancelled its contract with Elona Goleman (wife of ‘complaintant France Coleman) due to Mr. Fields' concer about Mrs. Coleman's email to fellow MDF models on June 4, 2004. He email was sent to (13) other MDF “models”, who had also contracted for very specific servic Her email asked the other models if they had received any model work as @ ‘result of MDF's representation’ and suggested an opinion that MOF ma ‘money on its models by offering 4 hour of (paid) photography. MDF immediately cancelled his contract with Mrs. Coleman without cause and verbally stated that he would “bill her the $1000 contract cancellation Penalty for breach of contract. ‘After hearing of MDF's statement to Mrs. Coloman, I called MOF and ‘cautioned him that his contract did not preventipreclude MDF models from ‘communicating with each other and that any attempt on his part to collect any contract termination fees would be met with vigorous legal opposition, Mr. Fields verbally agreed to withdraw any plans to seek monetary reward for his decision to sever his contract with Mrs. Coleman. This conversation took place in June 2004 between Mr. Coleman and Mr. Fields. At thls point Mr. Coleman believed the matter to be final. Mrs. Coleman's contract had been cancelled by Mr. Fields. And Mrs. Coleman was ‘comfortable with this, as she felt that she had recelved very poor representation by MDF, and therefore she felt it was time to "move on and forget her association with MDF.However, in December 2007, |, France Coleman discovered an apparent collection agency attempt on behalf of MDF Talent, to secure $1038. The Credit report data indicated that MDF did submit-counter to his commitment- -a collection action with United Collection Services in the amount of $1000, ‘This is the amount MDF cites in his model contract for breech of contract. Please understand that as of my conversation In June 2004 with Mr. Fields when he in very clear terms stated that he would NOT seek monetary damages re despite his view that Mrs. Coleman breeched the model contract, by "making contact with other MDF models" So in December 2008 when refinancing my home, | discovered MDF's collection action on my (then) credit report. Iwas dumbfounded and called Mr. Fields to hopefully resolve what | believed to be an error or lapse on his part, given my vivid understanding and notes on our discussion in June 2004. Mr. Fields denied any knowledge of our last conversation where he ‘stated that he would retractstop his previously stated intent to sue Mrs. Coleman for breach of contract. Being experienced in contract negotiation for very large public sector organizations, | suggested to Mr. Fields that he should be very clear and very careful about commitments, concessions and ‘agreements, or the ultimate “trust” that roprosent the foundation of his, business and the livelihood of his models. ‘That was the last time | spoke with Mr. Flelds. I believe that was in early January 2007, but can research my phone records for a more precise date if necessary. ‘Since then, | have taken action to expunge United Collection's attempt on behalf of MOF to collect $1038. | earnestly believe that this is @ standard MOF practice to cancel model contracts and seek collection action. !have epoken with 1 other MDF model who has described a personal encounted with MDFthat mirrors mine and Mrs. Coleman's. | believe there are more. However, | also believe Mr. Fields preys upon naive, young model “hopefuls” who fail {o realize that MDF may not have their best interests at heart. Rather, MDF, in this and possibly other casos, uses very loose contractual interpretation to fold” madel contracts and extort contract cancellation penalities from its ‘models. |lam pursuing this matter legally and dilligently and offer this account to the ‘What response cid you | received the following response re my BBB complaint: BBB hoping you will look further into MDF's unscrupulous business practices. would never allow a Model to create these issues among the ranks of my ‘other Clients. MDF has a Confidentially clause and the contract is exclusive. Mrs. Coleman broke her confidential clause by tellingidiscussing or contacting I have ‘written a letter to United Collection Services, requesting that they ‘anyone outside of myself (Including her husband whe Is not my client) _dismissiretract tis collection action. I will send your office a hard copy of regarding any issue about MDF as her agroomont states in writing that she this letter ‘signed. | have never agreed to take Mrs. Coleman out of collections, Mr. Cole {is simply not truthful in his Complaint, Here is the proot....They already claim 4non7 Rebuttal to MDF Response: that | take advantage of my clients and only take picture to make money and that | am untrustworthy...well if | agreed to take her out of collections then why Dear Bee, was | trusted then? | submit that until this became a credit issue they dicn't ‘care or ask me to remove them...come on....MrColeman claims tobe a Ihave a copy of ‘Mr, Field's model contract and it does not support Mr. ‘contract expert in his previous statements, you would think he would get Field's contention. I spoke to Mr. Flelds abot this fact in 2004, whereupon ‘something that important in writing. right? The last call from Mr. Colemanwas "he stated he would retract any collection-action.{ suspect, Mr. Fiolds had @ threat and I stared to call Bellevue PD and make a complaint, | didn’t and since re- interpreted his model contract to his advantage. ‘that was a my mistake, it would show the lle and prove Mr. Coleman is ‘deceptive in his accusations. Further, Mr. Fields is either blantantly lying or suffers from accute memory | will remove Mrs. Coleman from collections if she files aletter of apology thru loss regarding my statement to him. | actually stated.."that if this Is the way the BBB office and agrees to never contact or talk about MDF again, and he represents himself and his company, he should watch himself and be ‘admits that she made a mistake. She and her husband must put this inwriting more careful”. There was absolutely no threat intended, but rather, a ‘AND SIGN IT. | only do this to keep the peace and I'm getting 8-20 Agency jobs suggestion to Mr. Fields that he conduct himself more professionally and a week and very busy.! have no doubt the strenght of "The language” In the honorably. He ‘may find his business more successful by taking steps to Contract would be sufficient enough to win this case. I have my witnesses / Clients that will come on my behalf to court.The Client that originally sent me \Mrs.Coleman's e-mail was upset more than me, | had introduced him to my friend Kevin Costner on a golf trp that we took. Mr and Mrs. Colman are not, Professional in this area and should stay inthe field they aro in. This will be the only way | will remove her. Any witness she brings that has not given MDF the contractual notice in their contract will be subject to the same clause and Collections. I keep all records on my Clients for up to 10 years. know she had ONE friend with us and that's probably the only one thet will ‘come toa hearing, | have several of the ones she e-mailed willing to come and testify on my behalf. Michael Fields 416107 Response to Original Complaint: ‘These statements are false and untrue, | will meet them in any court and she can prove her case however, they will not go to court because I can prove she 's wrong and will win on the strenth of my contract and her written statements ‘of mutany and insubordination and | CAN prove that hundreds of my clients receive work ever year, many of those that she had e-mailed have received work ‘and had sent me their concems regarding this mutinious e-mail. Mr Coleman called me and ask me to take her out of Collections, when I refused he threaten ‘me, "You better watch your back” is what he told me, Inever said | would, remove her from collections and | would win in court on the strenth of my Contract and her false Statements.Mr Coloman claims that! said | would take her out, | suggest ithe was such a Contract expert he would have gotten any agreement in writing Ike my Company does. Finally, The insubordination and bed Moral she tried to incur ‘within the ranks of my Clients Is justified inthe $1000 contract violation, not to mention the personel threat of lence her husband voiced to me over the shone n court wl sue forthe amount owed and win judgement on the pat, have won everytime | have been to court based on the strength of my Contract and nave been doing business in Washington since 1980, incery, Michael Fields you have not contacted the business, explain why Have you fled a compleint about this business with the Atlomey General's Office No IF¥es, ist the file number assigned to thatExplain your complaint in dota In December 2006, | discovered a collection action in my credit file, initiated by MDF National Casting and Talent in June 2004, but not noticed by mysolf until 12/06. My complaint is that MDF used and may stil use deceptive business practices for financial gain. He accused my wife of "voiding" her model contract by simply communicating via email with other MDF models, whom she had already had access to. He used this as 4 means to submit a collection action against me AFTER stating (verbally) that he would withdraw any. intended action. Ihave not paid this collection attempt, as lam disputing it with the collection agency of record, United Collection Services, as well as the 3 major credit reporting bureaus. Ihave not yot initiated legal action against MDF, as I believe a complaint with the State Attorney General's Office would be a reasonable “second step” (in addition to the BBB) to resolve this matter prior to litigation. |ean produce a ‘copy of the MDF model contract which clearly does not restrict "communication between models... hence ‘contradicting Mr. Fields claim of breach-of-contract. In June 2004, MDF had cancelled its contract with Elena Coleman (my wife) due to Mr. Fields' concern about Mrs. Coleman's email to fellow MDF models on June 4, 2004. Her email was sent to (13) other MDF "models", ‘who had also contractod for very specific services. Her email asked the other models if they had received any model work as a result of MOF's representation’ and suggested an opinion that MDF made money on its models by offering 1 hour of (paid) photography. MDF immediately cancelled his contract with Mrs. Coleman without cause and verbally stated that he would “pill her the $1000 contract cancellation penalty for breach of contract.” ‘fier hearing of MDF's statement to Mrs. Coleman, ! called MDF and read to him ver batim the clause he cited (#3) that he believed gave him cause to cancel my wife's contract. I told him that his contract did not, revent/preciude MDF models from communicating with each other and that any attempt on his part to ‘collect any contract termination fees would be met with vigorous logal opposition. (Mr. Fields verbally agreed to withdraw any plans to seck monetary reward for his decision to sever his ‘contract with Ms. Coleman. This conversation took place in June 2004 between myself and Mr. Fields. At this point, | believed the matter to be final. However, in Decomber 2006, | discovered an apparent collection agency attempt (United Collection Services) (on behalf of MDF Talent, to secure $1038. The credit report data Indicated that MDF did submit-counter to his commitment-a collection action with United Collection Services in the amount of $1000. This is the ‘amount MDF cites in his model contract for breech of contract. Please understand that as of my conversation in June 2004 with Mr. Fields when he in very clear terms stated that he would NOT seek monetary damages re despite his view that Mrs. Coleman breeched the model contract by “making contact with other MOF models". So in December 2006 when refinancing my home, | discovered MDF's collection action on my (then) cre report. | was dumbfounded and called Mr. Fields to hopefully resolve what | believed to be an error or lapse ‘on his part, given my vivid understanding and notes on our discussion in June 2004, Mr. Fields denied any knowledge of our last conversation where he stated that he would retract/stop his previously stated intent to ‘sue Mrs. Coleman for breach of contract. Being relatively experienced in contract negotiation for very large public sector organizations, I suggested to Mr. Fields that he should be very clear and very careful about ‘commitments, concessions and agreements, or the ultimate “trust” that represent the foundation of his business and the livelihood of his mode “That was the last time | spoke with Mr Fields. | believe that was in early January 2007, but can research my phone records for a more precise date if necessary. ‘Since then, | have writen United Collection Services to request that they withdraw this collection action. | ‘earnestly believe that this is a standard MOF practice to cancel model contracts and seek collection action. | have spoken with 1 other MDF model who has described a personal encounted with MDF that mirrors my wife's. | believe there are more. However, | also believe Mr. Fields preys upon naive, young model “hopefuls” who fail to realize that MDF may not have their best interests at heart. Rather, MOF, in this and possibly other cases, uses very loose contractual interpretation to "void" model contracts and extort contract cancellation penalities from its models. Iwill send your office a hard copy of the letter | sent to United Collection Services, wherein | requested thelr retraction of this collection attempt. In my letter, | offered (10) business days to respond to my request, which | think is reasonable, as they may have believed MDF's claim was actionable. However, while UCS may hhave believed their collection attempt against me actionalble, | also sill believe MDF to be using deceptive contractual practices for financial gain; thus my complaint.boost his erat, Have you contacted a private ITYES. identity th name and addross of tho My original intent in notifying the BBB ofthis particular case was that | Is there a court or other legal proceeding pending? understand, thru other MDF clients, that this was not an isolated incident. No ItYES, please explain: | ask only that you keep this complaint on file so other naive "would-be- yo models” do not experience what my wife and others have. | willbe purusing this matter in court shortly. Sincerely, France Coleman‘What do you think the business should do to resolve your complaint? (Cirle one) orT Explain i you have circod ‘Other ‘To retract its collection action from United Collection Services without an “apology” from either myself or my Signature | declare, under penalty of perjury under the laws ofthe State of Washington, that the information contained in this ‘complaints true and accurate, and that any documents attached are true and accurate copies of the original, | understand that my complaint and the retated documents will become @ public record’ and under state law can be ‘subject toa public records disclosure request and thus be seen by otter people. Signature France Coleman Date 4/17/07 Received via the Intornot City and State where signed