Optima Funding (aka "Mortgage Services")
Attorneys suing them:
Proof that they order junk faxes to be sent:
SLAPP suit that they file against people who try to sue them (and win):
Injunction preventing them from sending faxes after June 8, 2005:
Amazingly, they were still faxing after the preliminary injunction. If you complain, they want to know YOUR number so they can take you off the list.
Here's the final resolution:
Look at the date of this letter from Optima's lawyer...it's after the injunction! So if Optima isn't supposed to send of ANY faxes to ANYONE, then why would they want to know Sutton's fax number?
Mortgage Services is a name call centers use to disguise the real company.
Depending on how you answer the questions (or sometimes not), they'll transfer you to one of their paying customers, like Optima Funding.
Optima gets all their fax leads by "buying" them from a third party. Subsequent to fax.com, they have contracts with at least 3 different leads companies.
CAUTION: we've seen "Mortgage Services" ads sent by various broadcasters, so you have to go through the drill to find the company at the other end to be sure.
Optima funding response numbers include:
also these numbers supplied by Jim Sutton:
But you should be sure to verify that by calling the number, giving your info, and waiting to be transferred to a loan agent.
Optima's main number: 714-549-6300.
A friend of mine got the following fax on 8/26/05 after the injunction:
I called the response number listed 800-798-0693 at approximately noon on 8/26/05. I said I was from California and I was hot transferred to Art at Optima Funding who gave me his direct line: 714-549-6361. I subsequently verified that that phone number is a phone number at Optima.
But looks like the lead broker is also selling my name to a second buyer (who pays less for the lead than the primary buyer). On the following Monday, at 2:30pm I got a call from "Ed" who said he was from Home Loans USA, Inc. He said they are a direct lender and had the best prices. He said they had no website. His cell was 714-881-9002. His office number is 714-538-4601 which is the main number for Home Loans USA. Website (never created): www.homeloansusa.org. 7536 East Chapman Avenue, Orange, CA 92869.
here are some emails:
Here's their website:
ALI SHAH VELAYATI (aka Ali Shah aka Ali Shaw) is the President. 1-866-333-7334 or 714-668-8550 or 714 327 4500 (main #):
Optima Funding aka Streamline Escrow aka Shah Enterprises, Inc.
Other names associated with Optima include: Shah Velayati, Ali Manesh, Ali Shah Shah. It is likely that Ali Manesh is a different person than Ali Shah.
Affidavits regarding Optima. Their strategy is to not show up, wait for a judgment, if it is against them, then they move to vacate claiming some sort of excuse. Or they will try to get it consolidated with a really slow moving case in Superior Court to wear you out (per small claims judge's benchbook, judges are supposed to ignore such requests). That way, they delay the judgment, and only bother to show up in cases where they lost the first round:
Here is Ali Shah's deposition:
Ali is the sole officer and shareholder. Here's a summary of the depo:
Used to use fax.com (via LiveLeads).
April 7, 2005: Mark Klein had Bridgette and Terri in court today, and I was there as a spectator. This was on a motion to vacate. Contrary to Ali's depo, they produced a contract (dated 2/5/2005) with Link Point (signed by Richard LaMarre, President). Although they never got into the contract, clearly the point was that the contract stated (several times) that neither company was an agent of the other. There was also an addendum at the back that supposedly spelled out Optima's rules--including not violating the TCPA). I would expect this to turn up in future cases
Here's the bullshit contract they use to cover their ass: OptimaLinkPoint-2-5-2005contract.PDF.
The language about one not being the agent of the other is pure BS. Agency is not established by what you say, but what you do!!! The fact Optima accepts the fax leads from Linkpoint and knows it is from faxing (how could they NOT know) makes them liable.
Incidentally, has anyone noted that this contract demonstrates that Optima has control, or at least BELIEVES they have control over the actions of Linkpoint? Doesn't that constitute "agency"? And, of course, the document itself is an admission that faxes WERE transmitted on Optima's behalf beginning in October of 2004. ;O)
And a final factor is that Richard LaMarre is just a strawman. He has NOTHING to do with Linkpoint. This is a guy whose name they use. Since he cannot be found, you can never subpoena him as a witness since he can NEVER be personally served.
Ali drives a Ferrari; business is good!
Optima is currently being sued by:
Terri Breer of fax.com fame is handling the case for Optima.
Optima used to be a fax.com customer before fax.com went out of business. Here are the faxes that they had fax.com send out for them in 2003 and 2004 (qxd is quark express).
E-mail from Jimmy Sutton to Optima's attorney 10/3/05
Mr. Pistone, today I received your letter re Optima Funding and my small
You incorrectly state that my intention is to get Optima and its agents to
I personally have received about 130 unsolicited faxes that Optima caused to
be sent. I have personally sent Optima and Mr. Shah about a dozen letters
(starting January 21, 2004) complaining about the faxes sent on Optima's behalf
and explicitly pointing out both the violations of the TCPA and the fact that
Optima was responsible for the actions of their agents. In the following 18
months, neither Optima nor Mr. Shah have taken even the
In April of 2004, I called Optima to complain about the continuing barrage
I have subpoenaed Optima's records dealing with lead generation during that period on multiple occasions; Mr. Shah and Optima have refused to produce the subpoenaed documents.
I believe Optima lost its case to JNS Copy Service because of similar failure to produce requested information in discovery.
On every occasion when I have called in response to a fax and have been
The FCC, federal law, agency theory, and California case law all make it
As for your assertion that "these claims are being fabricated"-- that is
I'm not "affiliated" with anyone else filing claims for TCPA violations
As for your request to inform you of the fax numbers from which the faxes
As for your request for my fax numbers-first, I've now shared 42 faxes with
JUST STOP OPTIMA'S FAXING!
E-mail from Steve Kirsch to Optima's attorney 10/3/05
I've sent you the information you requested in 2 previous e-mails.
Now I wonder if you can help me out since I've helped you.
You see, I've been doing this fax stuff for many years. You seem to be on the same page as me in helping to enforce the law.
However, based on your letter, you seem to have discovered some techniques that even I do not know about!! Will you share your techniques with me?
In your letter to Wayne and Jimmy, you say:
"it is impossible to 'stop' any alleged unlawful faxing when you deliberately conceal your fax number, making it impossible to either police any faxing, or to verify whether or not any fax has been sent to you."
That implies that if I gave you their fax numbers, it would THEN be possible for Optima to stop the unlawful faxing. Can you explain exactly how that works? You see, when I want to stop the faxing, I always ask for the number that sent the fax, not the number that the fax was sent to. And then I sue the sender.
It seems really counter-intuitive to get the recipient's fax number. So maybe I am missing something. How can you stop the faxing if you don't know the sender? What do you do with that fax number once you have it?
Secondly, how do you "police" any faxing. What do you do to do that?
Finally, if you know the recipient's fax number, how are you able to perform the verification in the second clause? You've said Optima doesn't do any faxing and doesn't deal with vendors who do, so what process do you use to verify that a fax had been sent?
The only explanation I can figure out for your statements is that Optima is responsible for sending the faxes so you want the fax numbers of these people so you can have Optima's vendors remove the numbers.
But if there is an alternate explanation, please provide it along with the techniques you have discovered. I would be a great aid to all of us in our fight against junk faxes.
E-mail received in Oct 2005 from someone who claims to be a former Optima employee
Well, I recently quit due to my own dislikes of the company. The voice on the recording isn't Ali. Ali Shah owns the company, but the president, right under him, is Z. That's all he goes by is the letter Z. I believe his last name is Nafei and from many rumors around the office, I've heard he's been in prison before for some kind of fraudulent activity (I can't be sure though.. I never found out the truth). He's the one that spoke to you.. I know his voice anywhere. He's loud and boistrous, and walks around the office trying to keep people pumped up. And yes, they know about the faxes. They have a company contracted to fax over that stupid 1% sheet to hundreds of people a day, and these poor people would be getting the faxes 3-4 times a day. I was a loan officer there, so by the time the receptionist transferred the call to me, I had horrible angry people yelling at me, but it was in no way under my control. I hope this info is helpful, and if you don't mind, I'd rather remain anonymous. I was irritated with the way they ran their company, but kept peace when I left. Good luck
Declaration of Ali Shah: We've stopping sending junk faxes as of Sept 1, 2005
Finally, Ali Shah says that as of September 1, 2005, he's not sending out faxes anymore: OptimaLetterWrittenByShah9-1-05.pdf. I'm glad to hear that. You are only being sued on faxes you sent before that date. Just because you've stopped doing it doesn't mean you can't be held liable for your past actions.