tsegnit

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About tsegnit

  • Rank
    Newbie
  • Birthday 02/03/1954

core_pfieldgroups_99

  • Biography
    Kinda boring
  • Interests
    my kids' hobbies have become mine
  • Occupation
    part time handyman, full time "Mr. Mom"

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    ct
  1. Alrighty then; CA was sent (certified) letter to C&D; they rang me up 28x to date. All caller ID photographed. So, can I bring suit in Federal Court for 28 violations of FDCPA? Thank you, T
  2. I like your creative approach to delivering a s**t sandwich. I get the FDCPA violation; the harassment (state) part of your equation; where would I start to look for law / legal precedent to use? Thanks, T
  3. G'day; To the point; 1) FDCPA violation = $1,000 2) CA calls (after being sent C&D letter / certified), let's use 20x for an example. 3) Is it permissible to sue them 20 separate times for the 20 separate violations (proof in hand)? I learned the hard way that you can't "bundle" the violations into one suit. Thank you all, T
  4. ...good question...I dunno...even with the help of these boards, the legal system and accompanying jargon have a "defense" system in place to deter the pro-se litigant. Lawyers I have contacted are either uninformed, indifferent or don't care if there isn't a substantial and big pay-day for them. If I throw enough poop at the wall, something is bound to stick...
  5. Hi all; Just spoke with the CA's attorney (again) regarding settlement. His words (condensed) were: 1)"under FDCPA, only $1,000 max can be awarded, regardless of # of subsections violated". They made phone calls after my sending them a CMRRR requesting C&D and DV (809c & 805b). I figure $2K; $1K for each subsection violation. Y/N??? 2) "the TCPA only concerns consumers and telemarketers to mobile phone numbers". All calls from CA were to my home #; am I considered a consumer and they a telemarketer? Am I in or out on the TCPA violations of $500+ per call? Thanks to all... T
  6. ...thanks for the replies. According to the TCPA website: "The individual who receives a call after a name removal request has been given to the caller is granted a private right of action in a LOCAL court and may sue for $500 in damages for each violation. In some cases, the courts can levy triple damages. Similar suits may be filed for violations of the TCPA's provisions regarding faxes, autodialers and artificial or pre-recorded messages". That's their story and I'm sticking with it...
  7. New thread; will keep the question short. Here is my quandry: I originally filed suit in local Superior Court under small claims. The CA's attorney had it moved to Federal (Supreme) Court. Due to the knowledgeable folks here, now I know that suit can be filed against CA's via TCPA violations...so... when filing suit against a CA, in order to avoid it being moved to Federal Court, would you leave out the FDCPA violation and just go with the TCPA violations? Thanks to all who cleared up how much an FDCPA violation is worth. T
  8. Getting frustrated here; sent CMRRR to CA to stop phone calls. They called 3x after receiving C&D letter. I filed a complaint for $4,000; 3 calls @$1,000 (FDCPA Section 805c) and $1,000 for violation of FDCPA Section 809b. I just talked with their attorney, and they offered to settle for $500 (I said no thank you). He also claimed that the MAXIMUM I could sue for regarding the phone calls is $1,000 total; did not matter if they made 1 call or 10,000 calls, the law does not treat each call as actionable. So, am I wrong? 3 calls for $1,000 or 3 calls for $3,000??? Thank you all very much for
  9. Hello everyone; I have checked previous posts, but no clear cut answer. I sued a CA for federal violations ($4,000 total) in the local Superior Court under small claims (limit is $5,000). The CA hired a lawyer and he had my small claims moved to the Federal Supreme Court citing basically that because they were Federal violations, my case was required to be moved to Federal Court. I have read numerous accounts of folks suing under the FDCPA and FCRA in small claims and winning there; what am I missing??? Thanks to alll, T
  10. Thanks for the reply; would I be able to bring suit against NCO (I sent them a C&D a few months ago) even though the phone number that is coming up links to Alpine? Like I mentioned in my initial post, I called the "Alpine" number, asked for "NCO" and the gal replied "we work with NCO"...........
  11. Hi all; Is NCO Financial Systems also operating under the name Alpine Financial Solutions? I have been getting a huge amount of calls from a toll free number; when I search for the owner, it comes up as "Alpine...". In one of the posts I researched regarding the number, it was claimed that Alpine "is another location for and is another part of NCO". I called the number back and the gal answered "Alpine...". I asked her if I was calling NCO and she replied that "we work with them". Not quite the smoking gun I was looking for, but almost. I have my C&D paperwork ready to roll out that I sent
  12. Hi all; Is NCO Financial Systems also operating under the name Alpine Financial Solutions? I have been getting a huge amount of calls from a toll free number; when I search for the owner, it comes up as "Alpine...". In one of the posts I researched regarding the number, it was claimed that Alpine "is another location for and is another part of NCO". I called the number back and the gal answered "Alpine...". I asked her if I was calling NCO and she replied that "we work with them". Not quite the smoking gun I was looking for, but almost. I have my C&D paperwork ready to roll out that I sent
  13. Thank you for taking a look; here is my question... I have sent Cease & Desist letters to CA's. I have a written (mine) log of incoming calls with dates and times after they received the C&D letters. Cannot get incoming call log records from phone supplier unless (according to them) I start a suit then have a subpoena filed by a prosecutor sent to their legal department.(???) AN alternative thought I had is, if I file suit, can the court compel the CA to surrender their outgoing call logs to corroborate with my records as evidence? Thanks to all again for the help and support. T