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stylo_guy

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    Denver, CO

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  1. I was just checking the docket again, and only 1 was a TCPA class action while the 2-3 other cases featuring an MTC where individual claims. So yes, they do apparently file MTC's on individual claims. I also checked the other cases where there was no MTC Arbitration filed, and those were apparently "wrong number" cases where the plaintiff didn't have a contract/relationship with OC. I see that those cases were closed shortly after a "notice of voluntary dismissal" appeared, so I'm assuming they settled because that's where the docket ends.
  2. I have been carefully doing my homework on this 3rd party collector. Skimming thru some recent cases of theirs on PACER (where they were sued) they have filed "Motion to Compel Arbitration" as a defense to FDCPA and TCPA claims on more than one occasion - and the Federal courts have granted them. No further details appear on the record, so I'm assuming the cases settled in arbitration or otherwise disappeared. If I were to file an arbitration case against this 3rd party collector, would OC pay the arbitration fees and get "drawn into it"... or would 3rd party collector pay the fees? How does that work? Like I said, I have no issues with the OC, just with this 3rd party company that collects on their behalf. As far as I know, I only have an arbitration clause with the OC, but the 3rd party collector was acting as an "agent" of the OC (as they sure like to emphasize in their MTC documents). So if I went the arbitration route for my FDCPA/TCPA claims how would I meet the following requirement on the arbitration "consumer complaint" form:? Would I simply attach a copy of the OC's contract/arbitration section?? What if 3rd party collector comes back and says "we don't have a contract with you, we don't have to do that"? This arbitration stuff is confusing to me lol
  3. Hello! New member here with a somewhat unusual situation. Here's the background info... 1. I have an active contract with original company (current customer), I'll just call them "OC" 2. OC has a "broad" arbitration clause in their contract (applies to "affiliates", "agents", etc) 3. Due to some OC computer error, I somehow ended up referred to their 3rd party collection agency... despite my bill being current/paid on time 4. For a few months, 3rd party collector engaged in a calling campaign sending daily calls to my cell phone 5. I did not really notice at first since the calls were showing up as "unknown" or "possible scam" on my phone, I assumed they were just more scam calls until I finally answered one out of curiosity 6. Confused and not knowing what was going on (since my OC payments are current), I sent 3rd party collector the usual "cease & desist" letters to have a paper-trail 7. 3rd party collector continued to call despite these multiple requests for them to stop calling 8. After some investigation/back and forth with OC, the issue was cleared up and the calls ceased about a week later 9. I recently re-negotiated my contract/services with OC and this time properly opted-out within the "30 days" arbitration opt-out window MY QUESTION IS: because I have now "officially" opted-out of the arbitration clause, would I now be able to sue 3rd party collector in Federal court? Or would any violations of FDCPA/TCPA/etc have to happen "after" the opt-out for me to be able to pursue such a claim? My problem is not really with the OC, but I would really like to somehow sue 3rd party collector (if possible) for their conduct. I documented things pretty well as far as 3rd party collector goes: I sent letters certified mail, took screenshots, and so forth. For context, I have filed a few consumer law cases in Federal court before, and that is where I am most comfortable since that's where the big horsepower is at/highest settlements. I have 0 experience with arbitration so would prefer to stay out of there since it's unknown to me and plus I hear the settlements/payouts are much smaller. I also hear the arbitrators are rigged and favor the company most of the time, but that's just an internet rumor I hear... again, I don't have any actual experience with arbitration at this time. Thanks for reading, I'm interested to see what your guys thoughts on this are
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