Profile picture for Cobrand Demo4

XYZ Brokerage

Email: ryan@xyzbrokerage.com

Phone: (206) 555-1234

Website: www.xyzbrokerage.com

How do we dispute a call.

Profile picture for Gregorio Denny
Mortgage Lender

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Since January 2009

I understand this is not live yet but it will be good practice.

I received a call at around 1:30PM PST. I would dispute this as a lead and would like to know how you will handle this in the future when we are being charged for it. Since I receive multiple calls each day, I want to know how much of my time will have to be devoted to disputing calls from other states rather than closing loans and dealing with my clients.

Also, note that I was not given the requisite disclosure that is required in California when recording a call  nor was I give any opportunity to opt out of the recording. If Zillow recorded this, I will remind you once again that it is a felony. Even 911 calls have the required tones to indicate your call is recorded and I did not hear them nor did I consent to being recorded.

As always, looking forward to a response.
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November 05 - US
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Hamp Yonce

Rock Hill, SC

Real Estate Agent
Contributions: 1681
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Since November 2009

In the State of SC, they may need to register with regulatory folks, as either a licensed entity or employee of one, to even listen. This whole thing has the forethought of a sneeze, no more like a fart.
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November 05
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Great point Hamp! .... It's expensive enough as it is!
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November 05
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Hamp Yonce

Rock Hill, SC

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Since November 2009

E and O insurers will be interested in this policy. I bet they raise your rates for letting Zillow clerks eavesdrop.
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November 05
Profile picture for SunTrust
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Since May 2009

MARYLAND:

Under Maryland's Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties. See Bodoy v. North Arundel Hosp., 945 F.Supp. 890 (D. Md. 1996).

Violations of the law are felonies punishable by imprisonment for not more than five years and a fine of not more than $10,000. Civil liability for violations can include the greater of actual damages, $100 a day for each day of violation or $1,000, along with punitive damages, attorney fees and litigation costs. MD. Code Ann., Cts. & Jud. Proc. § 10-410.

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November 05
Profile picture for TarheelChip
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Since April 2009

Geoff--

That's the PC thing to say, but what about the breach of law and ethics today?

How many borrowers are going to make a full phone call when they know someone(we don't know who at zillow) is going to listen to very private information?

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November 05
Profile picture for Gregorio Denny
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Since January 2009

Geoff, I understand your motivations for recording, but you have to understand our legal obligations to prevent identity theft. I cannot guarantee my clients information is safe when a nameless, faceless, person from Zillow has access to everything we discuss. I guarantee their information on my website and when they call my 800 number. The recording and call transfer limits what I can accomplish. In fact, it makes the contact almost useless because if I ask them for a SS, knowing it is recorded, I could be held accountable for the dissemination of that information. You don't seem to understand my complaint while I fully uunderstand yours. 

Would you give me your SS number if I called you and you knew someone was listening that:

A) was not licensed.

B) was not a party to the transaction

C) you had no recourse against if they gave it, used it, sold it?

You feel me now?

   
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November 05
Profile picture for Geoffrey ONeil
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Since October 2009

Gregorio,

The very reason we are recording phone call contacts is for quality assurance.

Without the recordings, we would have no way of knowing if your dispute is legitimate or not.

-Geoff-
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November 05
Profile picture for Colorado Mtg Broker
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Since November 2009

Hmmmm...Where's Zillows response?
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November 05
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North Carolina Privacy Law Excerpt:

an intentional physical or sensory interference with, or prying into, a person's solitude or seclusion or his private affairs, where the intrusion is highly offensive or objectionable to a reasonable person.


I can appreciate the innovative nature of Zillow to charge lenders in a new way, but recording phone conversations is legal hot water. Especially today when unknowing parties participated in the practice.
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November 05
Profile picture for Gregorio Denny
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I also notice thet the caller ID from the transferred calls does not seem to be working, this is also problematic because I use caller ID as a further measure to determine the validity of the person calling. 

Any broker that would allow their personal dealings with a client to be recorded by a 3rd party without consent is a complete idiot!
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November 05
Profile picture for Gregorio Denny
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26 "Red Flags":

1. A fraud alert included with a consumer report. 
2. Notice of a credit freeze in response to a request for a consumer report.
3. A consumer-reporting agency providing a notice of address discrepancy.
4. Unusual credit activity, such as an increased number of accounts or  inquiries. 
5. Documents provided for identification appearing altered or forged.
6. Photograph on ID inconsistent with appearance of customer.
7. Information on ID inconsistent with information provided by person opening account.
8. Information on ID, such as signature, inconsistent with information on file at financial institution.
9. Application appearing forged or altered or destroyed and reassembled.
10. Information on ID not matching any address in the consumer report, Social Security number has not been issued or appears on the Social Security Administration's Death Master File, a file of information associated with Social Security numbers of those who are deceased.
11. Lack of correlation between Social Security number range and date of birth.
12. Personal identifying information associated with known fraud activity.
13. Suspicious addresses supplied, such as a mail drop or prison, or phone numbers associated with pagers or answering service.
14. Social Security number provided matching that submitted by another person opening an account or other customers.
15. An address or phone number matching that supplied by a large number of applicants.
16. The person opening the account unable to supply identifying information in response to notification that the application is incomplete.
17. Personal information inconsistent with information already on file at financial institution or creditor.
18. Person opening account or customer unable to correctly answer challenge questions.
19. Shortly after change of address, creditor receiving request for additional users of account.
20. Most of available credit used for cash advances, jewelry or electronics, plus customer fails to make first payment.
21. Drastic change in payment patterns, use of available credit or spending  patterns.
22. An account that has been inactive for a lengthy time suddenly exhibiting unusual activity.
23. Mail sent to customer repeatedly returned as undeliverable despite ongoing transactions on active account.
24. Financial institution or creditor notified that customer is not receiving paper account statements.
25. Financial institution or creditor notified of unauthorized charges or transactions on customer's account.
26. Financial institution or creditor notified that it has opened a fraudulent account for a person engaged in identity theft. 
                                                                                                     
Source: Federal Trade Commission
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November 05
Profile picture for Gregorio Denny
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Since January 2009


What is a "Red Flag"?

What do you need to do to comply with the new rule?

The Fair and Accurate Credit Transactions Act of 2003 (FACTA) established a requirement for the implementation of an Identity Theft "Red Flags" Rule by January 1, 2008. Subsequently, in order to allow time for businesses to implement the rule, the deadline was extended to November 1, 2008.

The FTC and five other federal agencies: the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and the National Credit Union Administration issued the final "Red Flag" rules on October 31, 2007. The purpose of the rules is to minimize incidents of Identity Theft and Fraud related to the handling of customers' non-public information. 

The Rules apply to federal banks, state and federal loan associations, mutual savings banks, state or federal credit unions, finance companies, automobile dealers and mortgage companies including brokers.

The new rules are documented in just over 250 pages of regulation. And, while on the surface compliance may appear to be fairly straightforward, just reading the novel-length requirements can send the untrained regulation interpreter into a mind numbing fog.

"Red Flag" Rule requirements:

The rules require that the program is in writing. There isn't a "one size fits all" prescribed solution. Each entity has the flexibility to structure its own program based on its interpretation of the applicability of the rules and its business practices. The major requirement is that the written program must detect, prevent and mitigate Identity Theft.

Each Identity Theft prevention program must:

• Identify "Red Flags". Incorporate into your business a process of identifying relevant patterns, practices, and specific activities that are ""red flags"" and may signal possible Identity Theft.

• Detect "Red Flags". Develop a process of detecting "red flags" by obtaining specific identifying information about your clients and then verifying their  identity. 

• Respond to "Red Flags". Responding to "Red Flags" requires "appropriate responses" that prevent and mitigate identity theft.  Examples include contacting the consumer or notifying law enforcement, 

• Be approved by the board of directors or senior management. Not only must the plan be approved, a senior manager must be designated for oversight, development, implementation and administration of the program. The program must specify responsibility for program implementation, staff training, audit compliance, annual reporting and employee supervision.

• Be periodically updated. The implemented program may not just sit on a shelf. The program must be updated periodically to reflect changes in the risks from Identity Theft.

The Federal Trade Commission identified 26 "sample" Red Flags. The list is not meant to be comprehensive, but provides guidance for consideration in implementing the program.
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November 05
Profile picture for Gregorio Denny
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Since January 2009

LOl Chip! 

Friends and Family X 1,000,000,000,000

Hey, I'm not trying to do anything but get a grasp of how this works. Dave already acknowledged that the system is not prompting either caller or receiver of call that they are being recorded, at least not on my number. This is problematic for a number of reasons. Instead of shutting it down and putting me real number back up, until they fixed it, they left it and illegally recorded another call with a potential client. I am asking for clarification, that's all.

Still waiting.
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November 05
Profile picture for TarheelChip
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Since April 2009

I have the same problem with Google that Gregorio has and I'm sure many others will.  Zillow is going to have a problem with the phone bill. $0.20 a minute plus wire tapping isn't cheap.

 I still can't believe that I have my very own toll FREE wire tapped number, when I asking to be left out of the new system. Let me thank Alan Mische, NBofKC and all the zmm participating lenders and borrowers for my free line.


I'm going to start giving out my toll free number. I don't care about listening to my calls. I don't say anything I would be ashamed of over the phone. I'll take a free cell phone, if you have one of those.
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November 05
Profile picture for TarheelChip
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Since April 2009

How do we return the toll free number?

1) Zillow illegally wire tapped sensative coversations today and further until notified by zillow that this is disclosed to all parties involved on a phone call.

I think the red flag violations are $10,000 a piece. Andrew Adams has one today. Gregorio has one one today. Anyone else? $10,000 a piece is going to add up. Anyone from the FTC watching this today?  You are looking at free money from zillow Mr/Mrs FTC chairman.

These $10,000 infractions will continue when unknowing parites pick up the phone at the house or another borrower is added with 3 way calling.


2) Zillow is currenly misrepresenting our phone numbers.  I'm sure the FTC, my local banking commisioner, the attorney general and my company owner will love this.


Zillow-- Charge for the service you provide. I wish you all the success in the world, but don't brake laws as you do it.


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November 05
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Since July 2009

Red Flag on the Horizon for Zillow???
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November 05
Profile picture for Gregorio Denny
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Since January 2009

PSS,

Please note that I have not quoted on your service for a month. I have other forms of advertising out there and when someone googles my name, my Zillow profile shows up first. If they grab my number from what is now in my profile, it is incorrect and  I did not give you permission to change my number and you are illegally wire tapping my clients that searched for me on the internet. 

Again ... it's a felony in California. 

Not looking to start a huge deal here, just looking for answers so we can all work through this together without the AG being called.

 
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November 05
 

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