Weary Traveler

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About Weary Traveler

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  1. I've also been researching the same topic. I have not yet received a 1099-C but want to prepare for it, should it happen. How can the JDB issue a 1099-C for $50k when that really wasn't their "loss". I mean, they purchased it, but it was most assuredly a fractional cost of the original balance at the time of charge off by the original creditor. I could see where the OC could say "We lost 50k" on this loan, because it's actual money that went out the door. The JDB on the other hand may have paid $500 for the account. Isn't that their actual loss or am I missing something here?
  2. My apologies for the mis-information BV80. I hadn't read the October 2013 changes. My personal TCPA case was based on calls prior to the changes.
  3. Kutuzov, you indicated that the company called your "home phone". I'm wondering if it's a cellphone. This is important as TCPA only covers cellular telephone calls. It also only applies if the caller used an auto-dialer, left a robocall message, or use a preview dial system (there is some case law that supports preview dialing as being a violation of the TCPA). If it was on a cellphone and they called the number after you send them CMRR Cease & Desist letter, then you would likely have cause for a TCPA violation. The downside is that an Attorney will be very unwilling to take a case based off of a single TCPA violation. Attorney's fees in TCPA cases can not be added to the demand and must therefore be a negotiated percentage of the total settlement. Just drafting the complaint and filing the case would be expensive when you consider a recovery of $1500 There would need to be enough calls in violation to cover the cost of the case and still leave you with a reasonable amount. The best case scenario would seem to be TCPA claims and an FDCPA claim on the same case. So the attorney can recover his fees independent of the statutory TCPA damages.
  4. Well, I consider myself a survivor of the Great Recession of 2009. First time in my life that I found myself without a job, tapping my 401k to survive, and nearly a month away from ending up homeless. Flash forward 5 years: I have a great job that pays six figures and a consulting side job. Life is getting better and I hope that others are clawing their way out of financial hardship as well. Needless to say, 2009 saw me with 4 CC charge offs. Thanks to the advice of this wonderful forum, I fended CC#1 off with a threat of Arbitration, saw CC#2 get sold to a *cough* popular JDB, who never sued or contacted me, and CC#3 and #4 (same organization) send a popular collection agency after me, who I then sued in Federal Court and we settled the matter. Now, that everything appears to SOL, I decided to start on the path to rebuild my credit. The last of the derogatory information will be gone by 2016. I obtained a secured credit card from my bank (Wells Fargo) and will be keeping the utilization very low each month. I'm considering purchasing a new car. I probably should have done this during my last new car purchase in 2013, but didn't think about it. I just negotiated the deal and got a cashiers check for the full amount. I checked my Score via Credit Karma and it's 620. What's the likelihood of me purchasing a car that costs $47k with 70-80% down? What kind of APR would I be looking at? I mean, I could just do the same thing again and pay for it outright, but I really want to use this as an opportunity to get some positive payment history on my CR.
  5. Okay, I've been digging around on the internet with no luck thus far, so I thought I'd put it to the forum and seek your opinions on this subject. So, for example: A consumer applies for a credit card with Big Bank. They sign (electronically or otherwise) a credit card agreement with Big Bank. A few years later, the consumer becomes unemployed and defaults. The account is closed by the credit grantor and charged off. After an account has been closed, is the consumer still bound by future changes to the Agreement? Or are they only bound by changes to an agreement through their "continued use" of the credit card after they have been notified in advance of these changes?
  6. I would recommend a letter as well, to their listed 'contact us' number for customer correspondence. The TCPA specifically addresses calls to cellular numbers. Expressed consent use to be implied when you gave them that number to contact you, however, changes in October of last year made expressed consent requirements significantly more strict. You could send them a letter revoking expressed consent to contact you at the number. Just bare in mind, that at times the Bank may be attempting to contact you to report fraudulent activity on your account. You may want to consider revoking consent for any contact for surveys or customer feedback.
  7. It seems like a big fishing expedition. What was your first job. "I was a professional clown that worked at Bozo's Big Top. My title was Lead Balloon Twister. I made $14,000/year." And this advances Discovery for them, about why their client called my "Never-given-to-any-creditor-no-expressed-consent" cellphone how? Heh.
  8. Yeah, I did ad-lib, but honestly...it reads "since you graduated" (e.g. college, highschool) or last modality of education. Just a fyi...this is Federal Court.
  9. Okay Folks, So here's a question for you. I've been searching the forums for what's allowed to be asked in interrogatories. It's my understanding that Discovery in General can be very broad. In this case, I am the Plaintiff and ACME Collections is the Defendant in a TCPA case. I noticed requesst in their Interogatories for very specific information that doesn't really have relavance to the case. I know that people often object to requests for admissions or interogatories in Discovery, but are you really required to answer detailed questions like: List every place that Weary Traveler has ever worked, since the beginning of time, including dates of employement, job position and title, employers phone numbers and your salary, and reason for leaving your job.List ever place Weary Traveler went to school, every bit of training or vocation you ever learned (does this include beer pong?), every degree you ever got, every date you attended, when you graduated.Identify all other law suits or court proceedings you've been involved inIdentify any other collection accounts or Creditors you ever have had contact with in the last X years.Identify any criminal record you've ever had, including any jail or prison you've ever been in...LOL? wow.Identify your home and cellular telephone numbers and who the provider is
  10. Hello All, Just a question: Are settlements or awards obtained from a TCPA case taxable? The information I've searched online doesn't address it specifically, however, I have found some articles that indicate that damages that aren't physical are indeed considered revenue. Lets say for sake of discussion that the settlement is for $100,000. Mr Diligent Attorney takes his 33% slice of the award. As the Plaintiff are you taxed on the entire $100,000? Or just the $66,500 that ends up being your share of the award? I never thought I'd be in a position to be pondering this type of issue! I did have a coworker who also owns a business give me a valuable piece of advice. If you ever end up in this type of situation and you're at the beginning of a tax year, be sure to pay the IRS within the quarter that the settlement occurs. I guess if you wait until the end of the year you would likely be penalized for underpayment. Just curious if anyone has had this experience before. I must say that I'm enjoying being on the this side of the coin and sticking it to these assclowns. Thanks in advance, W.T.
  11. Well, after careful consideration, I've decided to forgo the class representative option related to my TCPA claims against "Acme" and will instead move forward with a TPCA case against them filed in Federal Court. I would, however, like something explained to me in regards to the fines associated with the TCPA. I understand that TCPA fines are $500 per incident. What I'm struggling with is the treble damages. It says that the Defendant had to "willfully or knowingly" violate the TCPA. Some courts seem to hold that the defendant must know its actions violate the TCPA, while others hold that a plaintiff need only show that the defendant willfully or knowingly sent the unsolicited fax, or made the prerecorded call, concluding that knowledge of the law is unnecessary. So, in my hypothetical situation, Big Bank hires Acme Collection to work the defaulted account. In looking through the data provided by Big Bank, there is no record of the cellphone number associated to this account. No expressed consent was ever given to call the number and Big Bank has no documentation to support the number. Acme uses other means to obtain the number [Willful]. They know that this number holds no associate to the account in question. Acme has been sued for TCPA violations on a large scale before. They are well aware of what constitutes a TCPA violation. Modern Technology also allows them to determine if a specific number is a cellular number. [knowingly] Irrespective of this, they launch an autodialing campaign directed towards this number. Given the above presented information, would not this qualify for treble damages? or am I completely off base here?
  12. I wonder how a Judge would feel about an award equal to what the Class Representative would have received if they would have filed an individual case? It doesn't seem unrealistic to me, at least. I mean, the Class Representative, goes through the deposition process, may have to appear in Court, etc. when in reality they could file in Federal Court with their personal attorney and likely have a similar outcome if the merits of their case were sound.
  13. I'd like to hear the opinions of the board on a subject matter. I'm going to be somewhat vague, but would like to hear people's opinions. Lets assume for a moment that you have numerous TCPA violations that would allow you to be a Plaintiff in a lawsuit against "The ACME Collection Agency". ACME is notorious, large and has over the years treaded on the Consumer Rights of people throughout the Nation. Your personal attorney could sue ACME in Federal Court and you stand to win a reasonable sum of money. Lets say >$20,000. Your counsel is approached, and you are asked to be the named class representative in a Class Action Lawsuit against ACME, by a very high profile Class Action Law Firm. This would no doubt subject you to deposition and it would likely go to trial. Historically in class action lawsuits, the named class members receive larger "incentive awards" than the other 750,000+ members of the class and rightly so, in my humble opinion; They are, after all, subject to the trial, time off from work for depositions, and the personal stress related to the legal system. This year, the 9th Circuit Court of Appeals, ruled on Radcliffe v. Experian Information Solutions, Inc. because the “incentive rewards” for the named members were explicitly conditioned upon their acceptance of the settlement. Under the agreement, if the class representatives had reservations about the settlement’s fairness, they could thus either remain silent and accept $5,000 or object and risk getting about $26 if the court approved the settlement over their objections. [sic]. The 9th circuit was under the opinion that this biased the class representatives and prevented them from being objective stewards of the class. So, clearly, one might assume that as the class representative, you might receive $20.00 or whatever small amount typically is awarded in these types of cases. You would, however, have the satisfaction of knowing that ACME has been held accountable for its actions against countless people. Then again, you could quietly have your counsel file a case against ACME in Federal Court as indicated above. I ponder and am over the Radcliffe ruling and it's interpretation moving forward. Couldn't the attorneys in future class action law suits simply negotiate fixed monetary awards for named class members, that were not contingent on their opposition or acceptance of the settlement? What would you do? Fight for yourself (more money) or Fight for Everyone (possibly no money).
  14. Here's case law to support a situation where the plaintiff refused to arbitrate after an order to do so. In this case, the Plaintiff was the consumer, however, and the Defendant was McDonalds. A bit of a reverse from what you're dealing with but I would imagine the premise is the same? http://scholar.google.com/scholar_case?case=6766432032921188088
  15. Just curious, Wheels, but did you have to MTC Arbitration and Stay the case, n order to force the Plaintiff into your arbitration forum, or did they willing Stay it, when you filed arbitration with JAMS?