secondchances

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About secondchances

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  1. Yes I understand that. How many CA's are picking numbers of a spreadsheet and manually punching them on the phone when they own this technology? I'm not from Wisconsin, I'm from Georgia. I've won two TCPA cases in this state so I know a little bit. If I decide to file a suit pro se, I will certainly research more. But for the time being, considering the circumstances with the MDL class action against the CA that is harassing me, there is not much I can do at this moment. I've already contacted the attorney that is handling the class action for my state and I'm waiting to see if he thinks there are any special circumstances that might exclude me from the class action. If there is, then I will move forward.
  2. More information on manually CA's manually dialing calls: http://www.copilevitz-canter.com/resources/articles/temporarily-disabling-predictive-dialers-does-not-provide-protection-from-t
  3. No voicemails at all. You might be interested in reading this. http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/manually-dialed-calls-to-mobile-phone-held-to-violate-tcpa/
  4. More info: http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2295-Tag-Along_Transfer-05-12.pdf
  5. More info: http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2295-Tag-Along_Transfer-05-12.pdf
  6. In my name and he answered at least two that I am know. I talked to them one of the occasions. But I just found out that there is a MDL Class action against them and that any individual filings with FDCPA or TCPA violations are going to get wrapped into this one. The thing is finding out if my particular case meets the class action criteria. I just joined pacer and wasted a bunch of money viewing the wrong docs. However in this case, an intent to sue may be the best case scenario. At this point, what does anyone have to lose? Can I even do that? I talked to the paralegal of the attorney that filed the class action in Georgia and because it is so large and now an MDL class action, she said it would be a while before you find out if you are named in the suit.
  7. Are you aware of the existing MDL Class Action against PRA? I wonder if we will automatically be included?
  8. I didn't think this was mentioned anywhere here.... http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/manually-dialed-calls-to-mobile-phone-held-to-violate-tcpa/ I'm so terrible at understanding some of the verbiage
  9. Hi BTO429, I'm in the same boat as you are/were. Same company calling my cellphone over and over. They called my son's cell phone once and got me on the phone and I told them that this was his cell, that they can't call it, were never given permission and that they were violating the TCPA. She collector told they weren't violating the TCPA because they were not using an auto dialer. So what IS the final verdict on this? If you never gave express consent (in my case, it was impossible, I didn't have a cellphone, let alone this number at the time I contracted with the OC) is it still a violation of the TCPA to call your cellphone even if they are doing it manually? I mean, how it is possible that someone is allowed to harass you over and over by calling your cellphone regardless of if they are using their fingers or an auto dialer? What finally happened in your case? Thanks!
  10. First off, HAPPY HOLIDAYS! I have a zombie debt, not on any CR and I've gotten over 25 calls to my cell phone and at least 5 calls to my son's cell phone from the JDB. On one instance that they called my son's cell phone, he gave it to me and I told them they were calling my son's cell phone, which permission was never given, and that was a violation of the TCPA. The idiot on the other end stated that she was not violating the TCPA because she was was not using an auto dialer. They have not left any voicemails at all. The fact is that they skipped traced to get my cell number and my son's cell number, and of this, I'm 100%. Is this enough in itself to be a TCPA violation based on the issue of non consent alone or must they use an auto dialer in order to violate? Another thing is that there is a class action filed against them in Florida and there is a Georgia attorney involved handling it for GA I guess. I'm in Georgia and I have not been contacted regarding the class action and I'm not sure if I will be if the suit states auto dialed and prerecorded messages in it's draft complaint. Not sure how they find people in a class action. Lastly, I've talked with my attorney about this and he would also like to file a class action. I'm pretty sure that I informed him that one existed, not sure how many you can have against the same JDB in the same state but honestly and though I like the guy alot; he has handled two cases for me before with success, his fees are like almost half the settlement after expenses. That may sound greedy but I'm just thinking that an ITS with a draft complaint, might net me as much as an actual law suit in a fraction of the time. My plan is that if the ITS does nothing, I will just have my attorney file it. I've been following one contributor here, LUEser and on other boards and he (or she) really seems to have some knowledge on the subject. I would really appreciate some feedback on how I should handle. Many thanks in advance!
  11. Thanks ya'll! @Torden - You make a good point with this that I had not thought about "In cases where no action by you means you would not be sued, then I don't see how actions that show you would be costly to sue would increase that chance." If I send a letter CMRR stating that I dispute the debt and it is sent outside of the window of the 30 dunning letter, they don't have to validate correct? But if they don't and they try to sue, then I do have an instant FDCPA violation. So I guess there are advantages and disadvantages to laying low and standing up for your rights. One of his creditors is Calvary and I see that they are busy with the lawsuits these days.
  12. I guess so on the congrats. All of the companies that I sued put me through literal hell with phone harassment so I didn't feel bad about suing them. The second suit, we settled for $12,000 and that was mostly TCPA violations.
  13. Thanks for responding. I know that there is no way to know if they will sue but a lot of people might start credit repair before they think to look at the SOL for their state. I just wanted some expert opinions on whether this should be a factor in deciding when and how to repair your credit and if it is, shouldn't that be at the top of the list of instructions for people that are new to this? If you don't think so that is fine. Again, I'm only asking. BTW, I did find where someone posted that you should check the SOL in your states, somewhere in one of the newbie primer threads *I think* but it was was down and I was looking for it. Curious as to how many out there would DV or dispute the OC or CA within the statue of limitations because it seems risky to me. Thanks!
  14. Things I've learned.... When sending a DV letter, all you need to write is "I dispute this debt." This is from two different attorneys that I used and of course they are right! No need to complicate the simple! I sued two different CAs and won; one was for FDCPA violations and the other was for FDCPA and TCPA violations. My attorney just filed my third lawsuit and we are working on a class action for my fourth. I always add this in my DV letters and in all correspondence: If you have this phone number xxx-xxx-xxxx on file, please be advised that this is a cell phone number and any previous consent that I may have given XXX or any affiliates of XXX is hereby revoked. When establishing new credit, soon after, I revoke consent to call my cellphone. That is the only phone I have by the way. Regarding TCPA violations: If you have a smart phone, take a picture of the call that came in from the creditor or CA to help create the call log. I always try and answer and not say anything or say hello? over and over so that I can also have a call log from my cell phone provider.
  15. It's been a while since I attempted to repair anyone's credit; I started with mine and then did some for friends and now I'm starting on my fiance's. After pulling all of his reports and reviewing them and asking questions, it dawned on me that starting the credit repair process might also invite a lawsuit from creditors and collection agencies. For instance, if you DV a creditor or a collection agency on an account that is still within the statue of limitations according to the laws of your state, might you invite them to sue you? I'm in GA where new case law has set CC debt and auto loans for one, at the 6 year limit. My fiance's is wanting to start over but it in a precarious situation because several of his debts are within the SOL. He was actually served on one but the case was dismissed due to the fact that they could not locate him. So I'd really like to hear from the experts on this and perhaps make this a sticky like "How to reduce your chances of being sued while in DV" or something like that if think it is important enough. Thank you!!!