Anyone ever challenge collector under Fair Debt Collection Practices Act?

[anonymuse]

One creditor has called my parents TWICE since they live in the same state. They did not state it was for a debt; however, they did give them the phone number and said "Chase Collection Department." At that time I told them to make a permanent notation on my account not to ever call anyone except me, and specifically not to call my parents ever again. Well....they called again. I spoke with a supevisor and supposedly, should never happen again.

I have been screening all creditor calls and ignoring them. Now, Friday night, I receive a call at 9:15 PM. Look at the caller id--Discover Card. I answered the phone and said "Do you know what time it is? Just give me your name and extension so I can report your illegal collections activity?" All I got was an "uhhhh....click".

I'm not a sue happy person, but just wondering if anyone has ever gotten anywhere under this act? How do you document this to prove they did? (About the only thing I can think of is taking a picture of my Caller ID with timestamp.)

P.S. I love the handwritten envelopes with cards that I've been getting saying "I know you must be having trouble financially, but please call so we can setup a plan for you". What a Hallmark moment??!! and my other pet peeve is someone calling and saying "Hi Karen, this is Judy. How you doing?" only to find out that it's a collector.

[no_it_all]

Lots of people have sued (and won!) under the FDCPA laws...Please note however that the act applies to debt collectors, not creditors. Since you are being hounded by creditors, the FDCPA does not apply.

[no_it_all]

For your edification:

Fortunately, many courts have dismissed FDCPA type lawsuits which have been brought against creditors. For example, federal district courts have frequently recognized that actual creditors are outside the scope of the FDCPA. See, James v. Ford Motor Credit Co., 842 F. Supp. 1202, 1207 (D. Minn. 1984); Wegmans Food Markets, Inc. v. Scrimpsher, 17 B.R. 999 (N.D. N.Y. 1982)

[anonymuse]

Well, then that makes that law as good as a piece of toilet paper to me! Guess we don't have any rights with the creditors--even if it's their own internal collections before they send you out for collections. Pffft!

[no_it_all]

In addition, every credit application you ever signed had language to the effect that they can call your family, friends, co-workers, priest, etc if you are ever in default of the loan...That is why they ask for references!!

[SinkingFast]

If you told them on the phone not to call your parents, you might get them to stop by submitting a letter in writing.

When I was researching SC Code for Nervous, SC code specifically said the debtor must write a letter stating not to be called at work, or other specified places.

Maybe check your State's codes/statutes about Debtor's Rights and see if there's any thing written there.

Even if not, maybe writing the letter will have the desired effect anyway.

And we've been getting those nice little cards in the mail too. They come with a different address so the attny took one to put that address on our Creditor's Matrix.

[anonymuse]

I did fax a request.

Just so that I can't be bugged at work (even though I doubt they know where I work), I feel like sending a letter to both creditors saying no contact at work so that it doesn't happen there ever. I'm in an office of 14 people so that wouldn't go over well. Does that sound right to do?

[winds]

Ooo..yeah !
I have this guy from Amex called my taken-over business and even he discussed the situation in detail about my not paid account and more worse.. this jerk thread the person who took the call to file a lien on the business which I'm not even the owner nor under my name... I'm now getting ready to file..

[midleman]

Record the calls and keep notes

One creditor has called my parents TWICE since they live in the same state. They did not state it was for a debt; however, they did give them the phone number and said "Chase Collection Department." At that time I told them to make a permanent notation on my account not to ever call anyone except me, and specifically not to call my parents ever again. Well....they called again. I spoke with a supevisor and supposedly, should never happen again.

I have been screening all creditor calls and ignoring them. Now, Friday night, I receive a call at 9:15 PM. Look at the caller id--Discover Card. I answered the phone and said "Do you know what time it is? Just give me your name and extension so I can report your illegal collections activity?" All I got was an "uhhhh....click".

I'm not a sue happy person, but just wondering if anyone has ever gotten anywhere under this act? How do you document this to prove they did? (About the only thing I can think of is taking a picture of my Caller ID with timestamp.)

P.S. I love the handwritten envelopes with cards that I've been getting saying "I know you must be having trouble financially, but please call so we can setup a plan for you". What a Hallmark moment??!! and my other pet peeve is someone calling and saying "Hi Karen, this is Judy. How you doing?" only to find out that it's a collector.

Keep a notebook with notes on who called and when they called. Ask the collectors name and department, phone number, badge number, or other id. If you have notified the collector in writing not to call they must cease all contact except to inform you of their intention to sue you. If legal in your state record the calls and let them blast you. Once they vent let them know you have just recorded their rant and they will never bother you again. If they do, sue them for harassment or violation of FDCPA.

Althought the FDCPA applies to 3rd party collectors most states have adopted these laws as their own and have applied these laws to creditors as well. In fact most large companies adhere to these laws as a matter of policy. This means they will comply with the law if notified in writing not to call. Be sure to send the letter certieid mail, return receipt requested to prove they received the letter. Check with your state attorney general's office for info on your states collection laws. For a copy of "Cease and Desist" letter visit www.financialemergency.com

[no_it_all]

<snip>Althought the FDCPA applies to 3rd party collectors most states have adopted these laws as their own and have applied these laws to creditors as well.

From the Colorado Statutes regarding Debt Collection Practices:
(b) "Collection agency" does not include:
(I) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor

It would appear that Colorado has indeed exempted creditors the same as Federal Law has.

Here is a link to state laws, not sure how accurate it is:

http://www.bcsalliance.com/y_debt_statelaws.html

[anonymuse]

From the Colorado Statutes regarding Debt Collection Practices:
(b) "Collection agency" does not include:
(I) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor

It would appear that Colorado has indeed exempted creditors the same as Federal Law has.

Here is a link to state laws, not sure how accurate it is:
http://www.bcsalliance.com/y_debt_statelaws.html

Bummer

[copper2]

Fdcpa

The minute I confronted my Citibank caller (pretending to be a collector) with FDCPA, I was transferred immediately to a sane human being who talked with me in a rational and dipolmatic manner. In fact, all the subsequent phone calls after that time became automated voice recordings into my voicemail. Before then, my landlord was contacted (!!), my mother, my dog, etc. I have a friend who has written a statement, or letter, demanding cessation of contact and it worked for her. It really pays to have your wits about you and do a little research in such a horrible time in life. They can't drive to your house, take the food out of your fridge or keep your toilet from flushing. But, they can hound you, chase you, and try to alert everyone in your life there is "a problem." The hardest part for me was staying calm enough to make a good decision! Good luck,

[midleman]

Creditors are debt collectors

For your edification:

Fortunately, many courts have dismissed FDCPA type lawsuits which have been brought against creditors. For example, federal district courts have frequently recognized that actual creditors are outside the scope of the FDCPA. See, James v. Ford Motor Credit Co., 842 F. Supp. 1202, 1207 (D. Minn. 1984); Wegmans Food Markets, Inc. v. Scrimpsher, 17 B.R. 999 (N.D. N.Y. 1982)

If you have ever contacted a creditor such as a mortgage company or finance company you may have heard their recorded message that says "we are a "debt collector" any information you give us will be used for that purpose". This indicates that these companies are required by law to disclose this information and they do fall under to FDCPA. This also includes attorneys. You may assume that these companies must comply with the FDCPA and cease all phone contact once advised to do so (in writing). Also, no "creditor" may abuse or harrass a debtor. Many courts have found in favor of the debtor in cases filed against a creditor for abusive practices even though they may not historically be classified as a "debt collector" under the FDCPA. Abuse is abuse not matter who is doing it. Dont let the fact that the definition of a creditor does not necessarily meet the FDCPA definition. If you are being harrassed or the creditor is abusing you TAKE APPROPRIATE ACTION and report them to the Attorney General or hire a bull dog attorney. Not every attorney is equipped to deal with these types of cases. Do your home work and find an agressive attorney with a solid background as a debtor advocate. Dont let these abuses continue.

[Jeffrey]

Actually... the toilet paper has some use... altho... what you end up with is the same.

Well, then that makes that law as good as a piece of toilet paper to me! Guess we don't have any rights with the creditors--even if it's their own internal collections before they send you out for collections. Pffft!

[anonymuse]

Actually... the toilet paper has some use... altho... what you end up with is the same.

Good point!