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.

Arizona Debt Collections Agency

debtcollectionservices.com - Free Arizona debt collections agency advice and quotes to help you with your debt collections now. Are you annoyed ...

In Arizona, is it legal to record a phone call from a debt collection agency without informing them?

Do you have to tell them that the conversation is being recorded or get their permission to record it?


No you do not.


No because your not a big business just a man/woman


just tell them you will pay as soon as you get your "Bailout check in the mail"


Arizona is a "one party consent" state, which means only one person in the conversation needs to know it's being recorded.

However, be careful the person you're recording is also in Arizona. The law of the other party's state would also apply.


It seems that it is, only one party needs to consent. In fact if its your own phone line you do not need the consent or notification of either party when other people are using it.

Arizona is a "one-party" state, ARS 13-3005.A(1)(2), and also permits a telephone "subscriber" (the person who orders the phone service and whose name is on the bill) to tape (intercept) calls without being a party to the conversation and without requiring any notification to any parties to the call, ARS 13-3012(5)(c).

I'm less clear on the procedure if it crosses state lines (not being American) but I assume that federal law woud then take precedence and that is also "one-party".


I don't know if it's legal or not, but it might be a good idea to record the conversation, what you say and what they say! If they are abusive and threatening, and if your case ever goes to court, it might be something to hang on to. They are not supposed to constantly harass you! Telling you once, should be enough!


It's legal.




don't worry there are online sites which solves your debt problem by getting you enrolled in online program and the entire process can be handled from the comfort and convenience of your home or office.you can always speak with one of helpful account specialists who are standing by to assist you with any questions that you may have. thanks.


If you are to the point that you need to tape the phone call, you should google Arizona Fair Debt Collection Act Of 2007. It tells you everything you can and can not do. What they are and aren't allowed to do and if they have violated the act you can sue them for a thousand bucks plus attorney's fees. This is not the way you want to go in resolving the debt, this just keeps the manner in which they harass you a little more civil.

how can I find out if certain collection agencies are licensed in Arizona to collect a debt?


Once I find out if they are or are not licensed in Arizona, what can I do from there? If they are not licensed here can they still send letters of collection?


To find if the collection agency is listed:
http://azdfi.gov/Lists/CA_List.HTML

There is also a link on that site for complaint forms concerning both licensed and unlicensed collection agencies.

edited to add
I have not seen any proof of exemption for out of state collectors.
If there is no exemptions for them, then they must be licensed.

That being said - just because I have not seen any proof of the exemptions doesn't mean there isn't any - I could have missed it. Check with AzDFI to be sure.


Contact Arizona Dep't of Financial Institutions - Financial Enterprises Division - They regulate collection agencies
602-255-4421 ext 129


Collectors do not have to be certified in your state to contact you --- They can call anywhere...... However, certain states do not allow legal demands (Demands from attorneys) to be sent to certain states without local representation.... If you owe enough they'll come after you.

Collections agency calling, debt hasn't showed up on Credit report yet, how should I handle it?

Ok so I have a collections agency calling me because of some outstanding parking tickets at Arizona State University. It's only like $280 which I can pay but, after taking some pointers from this board, I want to make sure that I go about it correctly. People have said not to deal with collections on the phone and to make sure you get written notice of everything. i never received written notice of this because they sent it to my parent's house. I told the guy I would be more than happy to pay under the condition that he sends me a written contract that states that upon payment, the debt will be reported as paid in full to Arizona State University and will not be reported to any of the credit bureaus. He said he can't send me anything like that until I pay. What should I do? Basically what I told him today was that I needed a written notice for my records before I do anything and I gave him my correct mailing address to send it. Where do I go from here?
Another thing: After reading the Fair Debt Collection Practices Act I'm wondering if I can still dispute the debt. They sent it to my parent's house, not to my house, and I'm sure thirty days has passed since they got it...i briefly remember them telling me about it a couple of months ago. I told the guy on the phone that I did not receive any written notice and that it was sent to the wrong address. Does this mean my 30 days starts over once he sends it to me real address?
I just called Arizona State to verify that this agency is in fact one of their collection agencies and they said it was. They did say however that I could pay them and they would report it to the collection agency as paid. I asked if this would then show up on my credit report and they said they did not know as it is up to the collection agency to report it or not. I'm not sure if i should pay it ASAP and just hope it never shows up on my credit report or try and get proof that it will not show up (like a payment contract)


I would not pay them without something in writing saying they will not report this to the credit bureau. If you pay the debt without this letter how can you be sure this collection company is going to keep it's promise?
They can fax or mail a letter to you no problem so if they're giving you a hard time about it, that seems like a bad sign.

Get your ppwk first and then pay your debt.


It's normal that they will send a note that the debt has been paid 1) after you pay it and 2) upon request.

In other words, pay it and then followup with them to get the note.

You know you ow the money though, and it would be far better to pay now, then to have them report it on your credit report.


I think you're following the right track into getting everything in writing. I suggest you also familiarize yourself with the Fair Debt Collection Practices Act http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act


why not pay directly to Ariz State univ........................the collection agency takes a piece of the money...and you don't owe the collection agency, you owe the school.............


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http://dwarfurl.com/41c73

Can you publish the names of deadbeat customers in Arizona?

I know that debt collection agencies can not publish the name of creditors. As a small business operator, can I publish and post the names of deadbeat clients that are in breach of contract due to non-payment?


As long as the information is truthful and not libelous (such as "Listed below are the scumbags that intentionally stiffed me out of money"), you may publish a list of people that owe you money under contract.

Will debt collection agencies soon be allowed to call cell phones?

One of the main reasons why so many people seek the fresh financial start offered by either Chapter 7 bankruptcy or Chapter 13 bankruptcy is the automatic relief it provides from overly aggressive and discourteous debt collection agencies.

However, even if a debtor has not yet decided to file for bankruptcy, he or she is still entitled to some basic legal protections. For example, the Fair Debt Collection Practices Act (FDCPA) prohibits debt collection agencies from using abusive, deceptive or even unfair practices to collect debts. Similarly, debt collection agencies are currently subject to certain restrictions when it comes to cell phones.

Specifically, while debt collection agencies can call cell phones to inquire about money owed, they can only do so when they manually enter the number. While this may perhaps seem like a rather insignificant obstacle, consider that many debt collection agencies rely upon automated dialing systems/auto-dialers to make contact with as many people as possible.

In recent developments, this may soon change, as politicians on Capitol Hill appear poised to introduce widespread reform to the laws governing debt collection and cell phones.

In his latest deficit reduction plan, President Obama is calling for the law to change so that those who have defaulted on money owed to the federal government - student loans, taxes, government-sponsored mortgages, etc. - may be contacted via their cell phones.

More significantly, a bipartisan bill calling for an end to the ban against debt collection agencies using auto dialers to contact consumers via cell phones is currently making the rounds in congress.

Consumer advocates fear that if such measures are adopted, debt collection agencies - the industry that is the subject of the most complaints at the Federal Trade Commission (FTC) - would immediately begin harassing consumers.

"You give them any opportunity to call cell phones, they not only will do what is allowed but what is not allowed," said Lauren Sanders, a managing attorney with the National Consumer Law Center. "This is one of the most abusive industries in the country."

...

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