MBA in Pittsburgh

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  1. Check out 7 F Supp 2d 589 (1998) W.D. PA. The Pennsylvania Statute permits the Court to award punitive damages in addition to statutory damages and reasonable counsel fees.
  2. To JG26 - Thank you so very much for your response. I had not paid enough attention to the wording following "check" and you are correct, the term is all inclusive. Now I have to determine whether I am required to proceed to Arbitration or can file a class action in state court. MBA in Pittsburgh
  3. I guess the words in the FDCPA don't mean much to you. We know it is a violation to not send written notice of intent to deposit the documernts on the due date. My question - which you missed - is whether a post dated check can be authorized by telephone or if you have to write out a check and mail it to the debt collector to be covered by the FDCPA requirement. Obviously, you had not had the need or the opportunity to think about that in the past. Thanks anyway. My lawyers and I are unable to find any applicable case law but thinking that someone "out there" may have run up against this is
  4. The FDCPA states that a debt collector must give not less than 3 nor more than 10 days notice to the debtor of its intent to deposit the debtor's post-dated check, so I am told. But, what is a "post dated check." Is there any case law in point? What if the debt collector gets the debtor during a telephone conversation to provide dates, check numbers and amounts on a series of payments that the debt collector with the debtor's permission will deposit in the future on the agreed upon dates. The debt collector deposits a document that appears to be a check - payable to itself - and the debt co