BBB Business Review

BBB Accredited Business since 09/26/2011

Burt & Associates

Phone: (469) 368-6400Fax: (469) 368-5526View Additional Phone Numbers4100 Midway Rd Ste 2115, CarrolltonTX 75007-1965 Send email to Burt & Associates

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BBB Accreditation

A BBB Accredited Business since 09/26/2011

BBB has determined that Burt & Associates meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised Burt & Associates' rating include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 3 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.

Customer Complaints SummaryRead complaint details

3 complaints closed with BBB in last 3 years | 0 closed in last 12 months
Complaint TypeTotal Closed Complaints
Billing / Collection Issues1
Problems with Product / Service2
Advertising / Sales Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints 3

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (3)BBB Closure Definitions
08/23/2013Billing / Collection Issues | Read Complaint Details
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Complaint
In Spring 2012, Burt and Associates collected monies on which my company had a first position collateral interest and will not release the money.
In April and May 2012, Burt and Assosiates was hired by my customer to collect their uncollectible accounts receivable.

My company had a first position collateral interest in such receivables and a perfected UCC-1 filing and had properly notified its customer and thier customer of its intent to collect and enforce its rights under the UCC-1. Burt wrongly relied on the false representation of its customer that no other party had a prior claim to those receivables. Through its collection efforts, at least $7,203.31 was collected, which amounts rightfully belong to my company, but were not remitted to my company. My contact with representatives of Burt were unsuccessful in resolving this matter. Demand letters were sent, but such were not addressed in any reasonable way. Repeated messages were left for persons in charge with no response after the initial dialogue. My conjecture is that they simply assumed that I would not go to any effort to collect from therm.

Persons dealt with were a collector Ann Smith and a supervisory person Matt Travis. Matt dismissed the actions of the lower level person as someone who could not be expected to know of the inappropriate collection activity, even though I had personally notified her of this by phone. While Burt and Associates discontinued further collections of my customers acocunts after receiving my cease and desist letter, they declined to refund to my company the funds that they wrongfully collected in the interim.

Burt and Associates account number for this activity is XXXXXX.

Certainly a collection agency should know what A UCC-1 Filing is and what it means and should train its representatives to know what such means. It would seem reasonable that they would do a UCC searh before launching in to collect receivables their customer has represented there are no prior claims against.

Desired Settlement
My desire is for a written apology for the actions of Burt and Associates and a full refund of any and all monies collected by them on behalf of this customer. Absent resolution of this matter through this venue, my intent is to file an action in small claims court in California. My hope is that they simply stand tall and resolve this directly with me. I am a reasonable person.

Business' Initial Response
In Spring 2012, Burt and Associates was hired by a customer of TACNA to collect their noncollectable accounts receivable. Unknowingly, Burt and Associates collected monies on which TACNA had a first position collateral interest.

Burt and Associates relied on the false representation of its customer that no other party had a prior claim to those receivables. Through its collection efforts, at least $7,203.31 was collected.

Burt and Associates account number for this activity is XXXXXX.

Burt and Associates and TACNA have agreed upon the amount of 6,322.00, to be paid immediately to TACNA via check # *****

03/20/2013Problems with Product / Service | Read Complaint Details
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Complaint
I paid Burt & Associates $1,650 to collect an account for me which they are now refusing to do. They offered me a refund and are now refusing.
11/3/12: The attorney working my case, Kohner, Mann & Kailas sent a letter to Burt & Associates (B&A) advising that they had unused funds of $300.
11/12/12: I asked Mary Fissell from B&A if I could recieve the funds back. Lara Roberge, a paralegal with B&A said I could.
11/20/12: I had a conversation with Lara to clarify. It was determined that current collection efforts were sufficient and that the $300 was not needed.
11/20/12: I sent Mary Fissell an email requesting the $300 back.
12/31/12: I sent Mary Fissell an email asking about the $300 because I had not yet received it.
1/23/13: I had left a phone message for Mary and received a call from Matt Travis, Director of Client Services with B&A, who was very defensive and tried to put words in my mouth. He had not reviewed the details of the case and just assumed I was trying to get attorneys to return me money without cause. I calmly stated that he did not know the facts and asked if I could email them to him.
1/23/13: I sent him the email chain containing all correspondence as listed above with Kohner, Mann & Kailas letter stating they had unused funds. Matt Travis emailed back stating "Perfect. Thanks!We'll contact the attorney immediately for you. MT"
1/30/13: I emailed Matt Travis asking for status.
2/6/13: I emailed Matt again asking for status.
2/6/13: Matt copied me on an email to Lara Roberge asking where the Attorney is.
2/7/13: Lara emailed me that she sent another reminder to the attorney.
2/14/13: I emailed Laura asking what the status was and that it had now been 3 months since initially asking that the funds be returned.
2/18/13: Lara informed me the check came in and confirmed my address.
2/27/13: I emailed Laura asking about the check because it still had not arrived. She emailed back stating that the check was sent.
3/4/13: I received the check and it was for $105.50, not $300.
3/5/13: I emailed Lara asking why the check was short.
3/7/13: I had not received a response so I emailed Lara Roberge, Matt Travis and Mary Fissell the following: "Please advise why the check was only for $105.50 instead of $300. It has literally been 3.5 months since I first requested the funds be returned. I also don't know how many phone calls and emails I have made during that time only to be shorted funds without any explanation. This is very unprofessional and frustrating. I have wasted too much time on this. I am still a client with an outstanding $33k judgment. I also own a business that may require future collection assistance. Is this how you treat your clients?"
3/7/13: Michael Gorman, Director at B&A emails back saying that the attorney used the funds and only $105.50 is left (contradictory to what Kohner, Mann & Kailas said).
3/7/13: I responded via email asking for a receipt showing how the funds were used and stated that I didn't appreciate being strung along.
3/7/13: Michael responds saying various things of which one is "I'm sure you're frustrated because someone beat you out of 30k and after attempting to sue them still didn't make any progress. Surely you wouldn't be frustrated with our firm for working for you for free for over a year. As for why attorneys don't jump through hoops to return a $100 check to our office I couldn't comment. However, the point here is that every business relationship is gauged on profitability which certainly you understand. This will be the last communication you receive from my office."
3/7/13: I responded to Michael: "The attorney said I could have my $300 back, Lara asked me if I wanted it, I said yes. You didn't send it. There is nothing more to this than that. Why am I not entitled to the $300 or receipt?"
3/7/13: Michael responds: "Lara doesn't run the show here, I do. The attorney spent your money so to suggest or imply that my firm owes you anything is ludicrous. Please allow this email to serve as notification that you have been fired effective immediately."

Desired Settlement
I initially just wanted the difference between the $300 and $101.50 they sent me or $198.50. However, Michael stated that I was "fired", blocked my phone calls and email. Burt & Associates was still collecting on this case but I would have to believe they are no longer doing so. Given this, I would like a refund of all payments made so that I can hire another collection agency to continue efforts. The total amount I am seeking is $1,544.50. I have documentation and emails to prove everything I have stated in my complaint. Thank You - ****** ****** on behalf of F&L Properties,LLC.

Business' Initial Response
Contact Name and Title: ************** - Director
Contact Phone: XXX-XXX-XXXX
Contact Email: *****@bna-legal.com
I spoke with Mr. ****** ****** this morning and apologized on behalf of Burt & Associates for the communication breakdown. We agreed to continue monitoring his case and have processed a check for $198.50 to be returned based on the indication he received from our firm advising that it would be returned in full even though our attorney spent that portion of the additional costs to record the judgment. Our firm made the mistake in our communication with Mr. ****** and we stand behind our emplyees even when they make a mistake. I also apologized for my personal involvement and communication as our company is only successful when we provide acceptional client service along with collecting a higher percentage than anyone else in the industry. Mr. ****** has also agreed to retract his complaint with the BBB upon receipt of the check for $198.50 and notification from our paralegal regarding case monitoring which will be done today.

Thank you,

**************

07/08/2013Problems with Product / Service

Industry Comparison| Chart

Collection Agencies, Financial Planning Consultants

Additional Information

top
BBB file opened: 09/06/2011Business started: 01/18/2011New Owner Date: 01/18/2011
Type of Entity

Unknown

Contact Information
Principal: Mr. Ken Bone (President & CEO)Customer Contact: Mr. David Castillo (Controller)
Business Category

Collection Agencies, Financial Planning Consultants

Alternate Business Names
Rising Data Texas LLC
Industry Tips
Collection Agencies

Map & Directions

Map & Directions

Address for Burt & Associates

4100 Midway Rd Ste 2115

Carrollton, TX 75007-1965

To | From

LocationsX

1 Locations

  • 4100 Midway Rd Ste 2115 

    Carrollton, TX 75007-1965

Industry Comparison ChartX

The information in the table below represents an industry comparison of businesses which are of the same relative size. This is based on BBB's database of businesses located in Dallas and Northeast Texas. Businesses may engage in more than one type of business. The percent of time the business engages in a type of business is not accounted for. There is no known industry standard for the number of complaints a business can expect. The volume of business and number of transactions may have a bearing on the number of complaints received by BBB.

*Burt & Associates is in this range.

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Types of Complaints Handled by BBB

BBB handles the following types of complaints between businesses and their customers so long as they are not, or have not been, litigated:

  • Advertising or Sales
  • Billing or Collection
  • Problems with Products or Services
  • Delivery
  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

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Additional Phone Numbers

  • (469) 368-6400
  • (469) 368-6447
  • (800) 755-7111
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BBB Complaint Process

Your complaint will be forwarded to the company within two business days. The company will be asked to respond within 14 days, and if a response is not received, a second request will be made. You will be notified of the company's response when we receive it (or notified that we received no response). Complaints are usually closed within 30 business days.

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BBB began including the text of consumer complaints and business responses in BBB Business Reviews on 07/01/2013 for complaints filed on 01/01/2013 and thereafter. This includes all complaints that meet our reporting guidelines and that are filed electronically. We also report on the resolution of the complaint, as determined by BBB.

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Industry Tips for Collection Agencies

Collection Agencies
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BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

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Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

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