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Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS
reply to mocycler

Re: Collection Agency...What Is Typical?

said by mocycler:

A true, somewhat related story...

For several weeks I would come home home from work and there was a message for me from a collection agency looking for a relative. I'm not sure how they found me; I'm guessing they just called everyone in the area with the same last name and hoped for the best. My last name is somewhat uncommon enough to make them think they might get lucky.

I blew it off for a while until it started getting on my nerves. I broke my silence and purposely called back after hours when I knew they would be closed because I did not want to actually speak to them. I left a voicemail and said that I would pass the message along to my relative on the condition that they never call or contact me again. If I got so much as one call or piece of mail, I would fix it so they will spend countless hours chasing false leads and never find who they are looking for.

I never heard from or of them again. And I have no idea if my relative ever cleared their debt .

The FDCPA requires them to stop contacting you if requested. I have a lawsuit going right now with a collection agency who failed to stop when asked. They drag the process out as much as possible knowing they'll lose and have to pay eventually. We're donating all the proceeds to Big Brothers Big Sisters when they finally settle.
--
What we're saying today is that you're either part of the solution or you're part of the problem. - E. Cleaver 1968

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2

1 recommendation

said by Draiman:

The FDCPA requires them to stop contacting you if requested. I have a lawsuit going right now with a collection agency who failed to stop when asked. They drag the process out as much as possible knowing they'll lose and have to pay eventually. We're donating all the proceeds to Big Brothers Big Sisters when they finally settle.

I'm filing in small claims court this week over an issue like this. A collection company called by mobile phone twice at 6:45am with a auto dial system. It's strict liability so I just need to show that they called before 9:00am. I gave them the choice to speak to me about it for up to $2,000 or I'd file for $4,000 (2 calls before 9am and 2 auto dialed calls that did not release).


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS

1 recommendation

said by tcope:

said by Draiman:

The FDCPA requires them to stop contacting you if requested. I have a lawsuit going right now with a collection agency who failed to stop when asked. They drag the process out as much as possible knowing they'll lose and have to pay eventually. We're donating all the proceeds to Big Brothers Big Sisters when they finally settle.

I'm filing in small claims court this week over an issue like this. A collection company called by mobile phone twice at 6:45am with a auto dial system. It's strict liability so I just need to show that they called before 9:00am. I gave them the choice to speak to me about it for up to $2,000 or I'd file for $4,000 (2 calls before 9am and 2 auto dialed calls that did not release).

Yea it's $1,000 max per incident. We started the lawsuit on 10/17/2011 and they are still dragging it out. We hope to have it wrapped up by this Summer. It's a long painful process but that's the only way to teach them a lesson.
--
What we're saying today is that you're either part of the solution or you're part of the problem. - E. Cleaver 1968

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON

said by Draiman:

Yea it's $1,000 max per incident. We started the lawsuit on 10/17/2011 and they are still dragging it out. We hope to have it wrapped up by this Summer. It's a long painful process but that's the only way to teach them a lesson.

Good for you. That's the only thing that will stop them is a hit to their bank account. Wish we had those regulations up here.

reply to tcope

They are violating the FDCPA, and the TCPA.
$1,000 per incident under the FDCPA, and $11,000 under the TCPA.

They are NOT allowed to call a cell phone with an auto-dialer. Absolutely NOT ALLOWED.

The United States Federal Communications Commission (FCC) implemented the Telephone Consumer Protection Act of 1991 (the "TCPA") to prohibit the initiation of telephone calls using the following:

• automatic telephone dialing systems
• artificial or prerecorded voices to telephone numbers assigned to paging services, cellular telephone services, specialized mobile radio services or other radio common carrier services, or any service for which the called party is charged for the call

"(Entities violating the ruling are subject to financial penalties by the FCC of up to $11,000 per incident.)"

Time to up the ante, I think.