Are there any reports of experiences with MBF here on the west coast.  I've returned their $167 a month credit card machine and now they're demanding $5000 or, as they said "they'll ruin my credit report."
thanks
Analog
San Francisco

I am an attorney in Newport Beach, CA.  I have a client who signed a contract for $17 per month.  He did not get a copy of it and they magically later produced a copy showing that he agreed to pay $117 per month.  Please contact me if you'd like to consider taking action against MBF.

I may be filing suit in CA soon.  Contact me if you wish to join in.  Our plan will be a low-budget attempt to cut ties with them.  With one class action pending now, another is not really an option at this time.

-Ben
bb@bergerharrison.com

Are any of you stil suing MBF?  I'm in Southern California, and I would like to join in any lawsuit against them.

analog wrote on 10/16/08 at 10:21:17:


Here is the letter I sent - I did not have to pay an attorney.  My advice, look up the California code and write your own letter before you pay an atty.  However, if you ahve already been sued thats a different story.  Check the Rules of Civil Procedure in your state and find out how you can file your own motion to dismiss (or something along those lines).

Here is the letter I sent.  I am not the oringal one who wrote the post I Have Prevailed, but this may help you.

I am not a lawyer and did not have to pay a lawyer either.

Here is an exact copy of the letter I sent (with my personal info edited out):
December 10, 2008

MBF Leasing, LLC
281 West 83rd St., Suite D
Burr Ridge, IL 60527
212-279-1495

VIA US Mail and Facsimile


To Whom It May Concern:


This purpose of this letter is to request a cancellation of lease number INSERT (attached as exhibit A).  It is my position that I am now paid in full per terms agreed upon with SALESMAN NAME AND COMPANY.  All handwritten information listed on this contract, including the schedule of lease payments, were fraudulently inserted after my, (LESSEE), signature was obtained.  The verbal conversation and agreement between LESEE  and SALESMAN  at the time the lease was signed concluded that the terms of the lease were month to month.  You can tell from the different handwriting on the lease that the information was added by another individual that was not present at the time of the signing of the lease.  I cannot even be 100 % certain when the lease was signed as the date was added next to my signature by someone else.  Additionally, the bank account information for COMPANY was not provided to MBF Leasing until May 23, 3008 (see exhibit B) and could not have been listed on this lease at the time of signing.

I expect to be released from this lease immediately and that any negative reporting to credit agencies will be reversed.

Additionally, any further phone calls to PHONE NUMBER, or any other phone number you may obtain for the purpose of contacting lessee, for the purpose of requesting payments on this account will be considered harassment and used as evidence in court.  Texas allows single-party consent for telephone call recording.  Be advised that all calls to PHONE NUMBER (or any other contact with lessee or other owners of COMPANY) may be recorded, documented, published and used as evidence.

As of December 10, 2008, I have done the following to protect my interests against your company and to report allegations of fraud and misconduct on the part of MBF Leasing, LLC:
1.      I have filed a complaint with the Texas Attorney General (see exhibit C);
2.      filed a complaint with the Illinois Attorney General (see exhibit D);
3.      filed a complaint with the Better Business Bureau (see exhibit E); and
4.      filed a complaint with the Federal Trade Commission (see exhibit F).

If lessee is not fully released from this lease immediately, if any more harassing phone calls are made, or if any negative reporting to credit agencies occurs lessee will hire a private attorney to pursue the following legal actions against MBF Leasing (or any other parent, subsidiary, contracted company, etc who may have been involved in the fraud perpetrated against COMPANY and LESEE) including but not limited to the statues listed below.

I.      Under Texas Bus. And Commerce, Title 1 Sec. 2A.108,  the following provisions in the lease are unfair to the lessee and overwhelmingly favor the lessor:
1.      Section 20.  The lessee waives the right to pursue legal action against lessor in the appropriate venue, and must pursue action in the state convenient to the lessor.  However, lessor retains the right to pursue legal action in any jurisdiction.  In addition to being unfair, under 2A.106, this provision is unlawful and the jurisdiction of New York is unenforceable.

2.      Section 21.  Waiving the right to pursue a claim as part of a class action, private attorney, general action or other representative action is not fair to the lessee.

3.      Section 22.  Per this section, lessee has the ability to opt out within seven days of the signing of the lease.  However, at the time of the signing of the lease, a copy of the contract was not provided to the lessee so that lessee could review the terms.  In fact, a copy of the lease was not provided to lessee until a letter dated May 12, 2008 was sent requesting more money to cover insurance for the equipment.  At that time, the opt-out period had ended.  It was also not until this time that lessee became aware of the additional handwritten information on the lease.

4.      The schedule of lease payments, which lessee contends were fraudulently added after signature was obtained, is unconscionable in and of itself.  At $49.95 per month for 48 months, lessee will have paid $2397.60 in lease payments for a used piece of equipment which can be purchased new for $239.00 (see attached exhibit G).

I plan on seeking all relief allowed for under Sec. 17.50. for mental anguish as a direct result of the unconscionable actions of MBF Leasing.

II.      Under Title 2, chapter 17, Sec. 17.46, MBF Leasing, LLC, SALESMAN violated certain deceptive trade practices act provisions by purposely caused confusion as to who SALESMAN worked for and who the lease was being signed with.  

III.      On page one of the lease, the guarantor’s personal information was added to the lease after signature was obtained, and without guarantor’s authorization.  This is a direct violation of Sec. 48.101 of the Texas Business and Commerce code which protects my personal identifying information.

I plan to pursue these actions against MBF Leasing, LLC and any other action my attorney recommends and that is allowed for under the law.  I will pursue relief related to mental anguish, recovery of attorney’s fees, and any other remedies for which I may be entitled.  Pursuit will be made in any jurisdiction that is allowed for under the law, possibly including small claims court in Harris County, civil court in Harris County, and civil court in the state of New York.  Additionally, I will be in contact with the county and district attorneys of Harris County to seek consumer protection under Sec. 17.48.

Additionally, if the phone calls are not ceased immediately I will file complaints with the appropriate entities under Texas Penal Code 42.07., which protects me from harassment by telephone.

Thank you for your attention to this matter,




LESEE


CC:        MBF Leasing, LLC
    132 West 31st Street 14th Floor
    New York, New York 10001-3401

Hi - assume this is for me.  They hadn't responded and just as I mailed out my complaints to the AGs of NY and California and registered my complaint with the FTC on04/02/09, I receive a response saying I am the personal guarantor and hence obligated to make the payments or bring the account uptodate ($450) and then sublease the equipment for at least 12 months ($1800).  No threats of any kind. But no affidavit for misrepresentation/fraud was sent to me.

There are two things they have incorrect in the contract form since it was filled out by their agent (who they deny represented them) my legal name and the legal name of the Lessee - instead they have the fictitious name as the Lesee's name.  I wonder if these errors are relevant despite my signature on the the contract.

I have also sent Elizabeth from the Ktv news investigating dept my story.  Anyone else from California?  Please reply - we could maybe join forces and approach the AG's fraud investigation and channel 7 investigative reporting here in the bay area.  The more we hit them with - at least one stone's going to hit!!!

Oops screwed up. beadgirl was asking "needhelp's" response to his letter.  Would love to see what responde "needhelp" got.  Also, is ther anyone from california jumping on a class action against these people?

RLK,
I obtained a successfull outcome thru my attorney against Merchant Services, MBF, and "Scott". You and/or your attorney may want to contact Mark Good at Terra Law LLP in San Jose, Ca. at 408-299-1200.

Greetings from Wyoming
MBF is terrible. I entered into a lease 4 years ago it was up as of June 09 and they took another payment in July, and they intend to take another one in August.
The fact that I paid nearly $5000.00 for a machine that I could have purchased at Sams Club for $500.00 must prove I'm a fool. On top of that I still don't own the machine, and I've paid property tax every year to MBF
The machine has been returned, however not quick enough... hence the two additional payment required
The number of complaints online about these guys is mind blowing. All I had to do was a simple web search, and I could have avoided this rip off. So I suppose I'll be an object lesson for other small business owners.