Circuit Court Rules Against Debt Collector in TCPA Case on Reassigned Cell Number InsideARM
The Seventh Circuit agreed to hear the issue after the district judge certified it for interlocutory review in the plaintiffs’ class action case (which followed the judge’s certification of a class with the plaintiffs as its representatives). The Seventh Circuit’s decision is the first by a federal appellate court on the issue, with the court noting in its opinion that the absence of appellate court authority was a major factor in its decision to hear the appeal.
The Seventh Circuit found no support in the TCPA’s language or “the way the law understands consent” for the debt collector’s argument that the court should equate the consent of the “called party” with the consent of the call’s “intended recipient.” In addition, the court was unmoved by the debt collector’s argument that the plaintiffs’ reading of “called party” would make the use of autodialers more risky and thereby increase the cost of debt collection, resulting in higher prices overall. As support for its argument, the debt collector had noted the population’s shift from landline to cell phone use and the portability of phone numbers (such that numbers previously used to reach landline phones can result in cell phone calls).
Beating the Debt Collector - How to Beat Debt Collections by Taking Control
If you're being harassed or sued for debt, you need to know your rights you can get a copy of the Fair Debt Collection Practices Act here ...
Can a debt collector physically show up to your home to collect on a home equity mortgage?
I was a collector of unsecured debt for years ( I was the guy that hounds you on the phone :(). I know the FTC regulates debt collection through the Federal Debt Collectors Practices Act. I remember my boss telling me about the Good Ol' Days when he would go to peoples homes and actually reclaim furniture, pianos etc. I am looking for specifics. Thanks in advance!
loveyalaterseeyabye/bdi
I used "Credit Solution" to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It's legitimate.I came across this company on NBC News Special Edition.Check it out here:
http://urlbrief.com/c5f336
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
Can the "statute of limitations" defense apply to original creditors? (not just third-party debt collectors?)
I know the Fair Debt Collection Practices Act only applies to third-party debt collectors, but can I still use the statute of limitations defense to tell an original creditor that they are wasting their time trying to collect an old debt?
Bella is correct.
The FDCA is something completely differant then the Statute of Limitations laws.
FDCA only specifies how a creditor can collect a debt. The SOL states the length of time they have to legally collect, and it applies to your debt. NOT to who is collecting it.
Therefore, you can send a letter to this creditor and point out that since the SOL has expired, they are only wasting their time harrassing you.
But as you note, the FDCA only applies to collection agents, attorneys, and 3rd party collectors. The original creditor can continue to harrass you forever. They just can't try to sue you, because it won't go anywhere. If you have an extremely abusive creditor bothering you, it may require a lawsuit to stop the harrassment.
Dear original creditor,
Cease and desist all contact with me.
Thanks a bunch Joe Schmoe.
I am a guarantor being threatend with debt collectors?
acted as guarantor for family member - who has missed two payments - being threatened with debt collectors by loan company - don't they have to try debt collecting from the person with the loan first? all they have done is phoned them once ad sent them one letter!! anyone know the legal position on this?
Unfortunately you are just as liable as your family member. That is what the loan papers said that you signed. You agreed to cover the payment if you family member did not. That is why I will never co-sign a loan application. Not everyone is as Honourable as we would hope. I'm sorry. Maybe a lawyer could give you advice. Good luck.
This is why you should never, never, never co-sign for anyone unless you are ready, able and willing to make the payments yourself.
Why chase some-one with poor Credit Rating (who hardly cares about another default) when they can chase some-one with a higher rating and thus a LOT MORE TO LOOSE ?
Are debt collectors ................??
dikheads? Is there really any point in dealing with them to resolve a debt. Most people make bad choices when their young as far their credit. They are not thinking about the future affect of what they're doing and how they will need their credit later. I hate collectors who act like diks.... but anyway should I try to settle my small lil debt with a collction agency or just let it go for another 2 years I have left??
So, llwhateverll, how long have you been a collection agent?
Trust me, most are dicks. I've been working with a lot of folks trying to get out of debt, and I've dealt with many of them. Rarely do I find any that give a damn about the consumer. They are all deadbeats to them. It doesn't matter if they have lost their job, had a medical emergency, or some other disaster in their life. It's always pay up or else.
To answer your question, whether you ignore the debt depends on a couple of things. If the debt is large (over $2k) then they may pursue it in court before the statute of limitations runs out. If they have an office close to where you live you can count on it. But they usually don't want to hire an outside attorney or agency to take you to court, because it cuts into their profits. So you just gamble on them suing you. If they do, just pay the bill before the court case comes up.
They have already trashed your credit score for the past 5 years, you did your "time".
Debt collectors don't buy debt, they don't work for minimum wage and most are only rude when they have to deal with people like you.
Try being a civilized person and I bet they will treat you that way. But from the sounds of it you probably call them being a total "dikhead" yourself so that is how they treat you.
Try treating people with respect and that is how they will treat you.
Robinson Way Debt Collectors. Is this a scam, or should I be concerned?
I received a letter this week, completely out of the blue, a 'Final Demand for Payment' from Robinson Way, debt collectors.
The demand is for payment of £464.94 to Ex Freemans and threatens court action if I do not pay (or make arrangements to pay) the balance by return.
Neither myself nor anyone in my household has ever ordered goods or had any dealings whatsoever with Freemans. This debt, if it exists, is not mine.
Can anyone advise me on how best to respond to Robinson Way? I have read on other forums that they are quite persistent in their methods of debt recovery and people have complained of 'harassment'.
Should I write to them, with a copy of the letter to Freemans, both by recorded delivery? If so, what should I put in the letter?
Can anybody point me towards template letters for this sort of thing which I might find on the Internet? Or can anyone tell me which Act or which sections of an Act I should quote when writing?
Thank you for reading this
Whatever you do, don't pay the debt or acknowledge it. www.nationaldebtline.co.uk has a list of template letters you can download and send off - make sure you quote the 1974 Consumer Credit Act.
There are a couple of other agencies that are doing the same to people who don't owe them money. They are scum to put it mildly! Good luck.
im in debt with natwest bank its been on going for 7 years would the statue of limations now apply?
I have never reply to any of there letters from the debt collectors acting on there behalf , even though im still reciving written letters would the debt more a less be statue barred now? please advise
Likely, but it depends on your state. Do a search for "statute of limitations on written contracts in YOUR STATE" to see if it has expired. If so, then you have no legal responsibility to pay.
You can request that they stop contacting you regarding an expired debt.
I have a outstanding debt owned to natwest bank its been going for 7 years as theres been no contact am i free
From The Debt , I Still recive letters from differnet debt collectors acting on behalf of natwest they obtained my new address via the land regiesty , as i have never replyed to any letters from them would that now mean they can'nt use the legal system to recover the money ?
What The Statue Of Limations Act Now Apply Whic h means by law the collection company can no longer recover the debt usin legal methods .?
I'm not sure you can ever escape the debt fully, best thing is just to get in touch with them to arraneg payment if u can! Debts are easy to escape, CCJ's are not.
Can a person in NC sue their former employer for giving out personal contact info to a debt collector?
I know about The Fair Debt Collection Practices Act
15 U.S.C. § 1792; and that it is illegal for the agency to contact an employer, but I think they can get away with doing it once?
how to stop Debt collectors?
For one debt I owe approx 500$, last month I sent in 500$ wich was half my balance. I still have no income, and have told them that. What bothers me is the week after I sent in the 500 they called me back asking me to send in more. I said I cant. Then I was asked how I came up with the 500 i sent in, I told them I borrowed it. They asked me to borrow more from someone, I said "how about you, will you loan me 500" to my suprise he said no..
anyhow he keeps aking how I come up with money to eat pay cell phone etc..etc.. fnally i get annoyed my him and say "the tooth ferry paid my phone bill" and "a leprechaun leaves me just enough gold to pay for food".
I tell him to stop harassing me by phone and only contact me by mail. he says he has the right by law to call me by phone.. By reading over the Fair Debt Collection Practices Act i believe i do have the right to tell him to stop calling..
You need to come up with a plan to pay this back. They generally will get off your back if you have a plan that they can work with. For example, if you can work in your neighborhood mowing lawns every weekend at $10 per lawn, and do 10 lawns -- that wll be $100 per week. Take out expenses of gas and food for the day, and you can send them $75 per week. You will have the debt paid back in 10 weeks, with interest, and then they can stop calling you.
As to the Fair Debt Collection Practices -- you can force them to stop calling you, and they can take you to court for not paying your debt. If you don't want a judgement, make appropriate arrangements to pay back the debt.
Then work through it and complete the steps you proposed.
Much as we want to complain about debt collectors, they are only doing their job. Most would rather not have to give you a call a second time. If you make arrangements and KEEP them, they won't usually bother them.
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