Class Action Lawsuit Alleges Collection Agencies' Credit Card Offer Contains ... InsideARM
According to court documents Plaintiff Mark Myers received a mailed communication on July 12, 2010 with an offer from NCO Financial Services and GFS Financial Solutions that stated in bold print at the top, “Transfer your debt to a Pre-Approved+ MasterCard®!” The average consumer receives numerous credit card offers in the mail each month and may have perceived this offer, which was an attempt to collect a debt on behalf of the defendants, as a typical credit card application/offer, or junk mail and tossed it in the trash, and in the process, thrown away a communication that triggered specific rights under the Fair Debt Collection Practices Act.
Part and parcel of the FDCPA’s rights afforded to a debtor is what is commonly referred to as the “Mini-Miranda Warning”, a statement that identifies the name of the debt collector, the company they represent, and advises the debtor of his/her right to validate and dispute an alleged debt within 30 days. The Fair Debt Collection Practices Act mandates that each time a debtor is contacted by a debt collector via written communication, the “Mini-Miranda Warning” must be provided.
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Who enforces fair debt collection practices act?
Who would I write to to enforce the Fair Debt Collection Practices Act in California. If I do not want to hire an attorney?
California
Attorney General's Collection Agencies Guide
www.ag.ca.gov/consumers/general/collection_agencies10.htm
What are some things that creditors can't do according to the "Fair Debt Collection Practices Act"
What are some things that creditors can't do according to the "Fair Debt Collection Practices Act"?
they can't lie about their identity over the phone to complete collection calls.
EDIT: The below post is incorrect on a lot of areas. They can call at work, they can use third partys to leave u messages, they can info you on legal action if it is their right to do so, and they do not have to stop calling you by you asking, it has to be done via mail.
Cannot call you after you've asked them to stop.
Cannot call you repeatedly.
Cannot call you at work.
Cannot call you if you're represented by a lawyer.
Cannot call you if you've sent them a letter asking for verification of a debt.
Cannot misrepresent or deceive.
Cannot publish your name or address.
Cannot seek unjustified amounts.
Cannot threaten or take legal action.
Cannot use abusive or foul language.
Cannot contact third parties.
Cannot contact you by embarrassing media.
Cannot report false information on your credit report.
Is it against the Fair Debt Collection Practice Act to send e-mails to a debtor every other day saying that?
his account is 60 days past due?
Isn't this Harrassment as well as spam?
Although the FDCPA does not specifically use the term "email" in its verbiage, it is safe to assume that collectors using email to contact you is not illegal. However, it is also safe to assume that bill collectors and debt collection agencies must still follow the FDCPA rules for contacting you. Just like phone calls at work, emails at work must stop if the collector is told the employer prohibits such contact. Keep in mind that it's possible for an email to violate FDCPA notification rules if the employer has a published policy that says email is not confidential and can/or will be viewed by authorized employees.
According to the FDCPA, collectors are allowed to contact you via mail or phone. Again, it's safe to assume email falls within acceptable means of communication. However, unless you give permission to do otherwise, they can only contact you under specific conditions:
They can contact you at your place of residence by phone, mail, in person, by FAX or email during reasonable hours such as between 8 am and 9 P.M..
They cannot contact you at any unusual time or place or a time or place known or which should be known to be inconvenient to you.
They cannot contact you at work if your employer disapproves and they are informed of this fact by you or your employer.
Below is suggested verbiage to stop email harassment:
Dear Collector,
I am responding to your constant emails! In accordance with the Fair Debt Collection Practices Act, I demand that you:
Stop emailing me at home, at work, or any other location!
In accordance with federal law, once you've received this email, you may only contact me to:
Provide proof that I owe this debt that you claim I owe;
Provide a copy of my State and Federal rights concerning this debt including how to dispute this debt;
Provide proof that you are licensed in my state, and provide me with your license number;
to advise me that further efforts are being terminated;
to notify me that you may invoke specified remedies;
to notify me that you intend to invoke a specified remedy.
Be advised that I am keeping accurate records of all correspondence concerning this issue, including copies of your email. If you continue harassing me, you will be in violation of the FDCPA, Section 805(c) -- "Ceasing Collection Calls and Communication"
Consider sending your email with a "Read Receipt Requested" and printing a copy for your records including the read receipt.
Spam? No. Not under communications prohibitions.....and the other depends on the terms and agreements of the debt which I am sure is covered. Why on earth did you give out your email?
The next step will be when they drag you into court...then you will be forced to pay their court costs also.
Does the Fair Debt Collection Practices Act apply to a business debt?
In other words what I am asking...can a collection agency call your business and tell your employee that you have an outstanding debt that is in collections? How much the debt is for and what year its from?
what are the do not contact states under the fair debt collection practice act?
WHAT I AM ASKING IS WHAT ARE THE CLOSED BORDER STATES UNDER THE ACA?
Massachusetts and Pennsylvania
The catch 22 is, once you get an attorney, the business that ownes your debt will mostlikely sue to win judgement and garnish wages/Tax refunds.
If you owe monies, you should not hide- contact them and close the account untill you can catch up. Or come up with a pay program that you can stick to. You owe the money- You need to pay.
PayDay's answer above is idiotic! Obviosly from a collect's point of view. Read the FDCA PayDay! Nowhere in the law does ot ban a collection agent from contacting you ONLY if you have an attorney. Once they get the warning notice, they can only contact you to say what action they are going to take, like "ok, we gonna sue you!"...then they better follow through. But at least it eliminates the harrassment calls and threats.
Provide an address so all contacts will be documented and this also shows that you are not trying to avoid not paying the Debt.
Good Luck
has anyone had to use the Fair Debt Collection Practice Act? or know about it?
just looking for info, and if you've had to use this
just wanting to know if anyone has used this Act on their credit, and what they had to go thru
yes, it is mainly about harassment from a creditor, a very rude person
Budhibbs.com
His web site has good info on how to deal with these parasites.
Debtorboards.com
Good info too. Mostly on how to aggressively repair your credit.
Is this a violation of the Fair Debt Collection Practices Act?
A debt collector called my wife's mother, ex-step-father, and grandmother and told them he needed to contact her because there were fraudulent charges made on her credit card. Her mother called BS on the guy and took his information, then gave it to my wife.
Is this false representation under Section 807 of the Fair Debt Collection Practices Act?
The practice you describe would seem to be forbidden by 15 U.S.C. 1692e(10): "The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001692---e000-.html
Is a private landlord subject to the provisions of the Fair Debt Collection Practices Act?
I'm having a temporary problem paying my rent and I really don't want to deal with the knocking on the door and the phone calls.
Fair Debt Collection Practices Act related to companies?
Does anybody know if the Fair Debt Collection Practices Act applies to debts incurred/alleged against a company ?
If not, is there a similar act which does apply to company debts ?
No, FDCPA is consumers only.
There is nothing in that realm in U.S. law relating to company debts. However, there may be something in your state law.
What are the most common violations banks commit regarding the Fair debt collection practices act?
Contacting you after you have written to them requesting them to stop contacting you. Or contacting you at work.
act collection debt practice - News
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Pushing back against debt collectors - Wilkes Barre Times-Leader Pushing back against debt collectors The debt collection act allows debtors who have been aggrieved to recover $1000 in damages, just by showing there was a violation, Sabatini said. |
Bad Time For Some, Others Cash In - The Moscow Times
The Moscow TimesBad Time For Some, Others Cash In "We've seen a huge jump in corporate debt collection, especially from European clients trying to collect from Russian corporations.
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Harsher penalties set for human traffickers - China Post Harsher penalties set for human traffickers the severe penalties are part of the government's stepped-up crackdown on human trafficking, sex exploitation, and illegal debt-collection practice. |
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Lawsuit May have Implications for Medical Collection Agencies - InsideARM Lawsuit May have Implications for Medical Collection Agencies That practice of the collection agency telling patients they owe the full amount of charges without regard to Washington charity care law is unfair |
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Law Firm Sues Collection Agency for Allegedly Violating Charity ... - InsideARM Law Firm Sues Collection Agency for Allegedly Violating Charity Consumer Protection Act and Fair Debt Collection Practices Act (FDCPA), Phillips and Geyman want the agency to stop pursuing collections from charity |
