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  1. Alleged debt info: Crap1 cc DOLA either 2000 or 2001 OOS for both Texas and Louisiana and also time-barred for CRA reporting Initial communication: Mistakenly answer call from JDB. After finding out it was this particular (alleged) debt I told the rep that it was too old to place on credit report, that is was SOL, and that she called me on a cell phone and was not to call the number again. I also said since this was the initial communication that I would be expecting a dunning letter within 5 days and hung up. (Note- It's been years since dealing with these types as I've kept my nose clean for 7 years and been a model little debtor. I understand that this is a he said/she said scenario. It's not about what you know, it's about what you can prove. Under normal circumstances I would never have given all that info but I'm a little rusty and was caught off-guard.) The next day... Receive a voicemail on my cell from JDB. The weird human/robo-call combo transcription is as follows: <robot voice> ShinerBock (insert real name here) <human voice> I am contacting you from the process and summons division. I am calling to notify you that there will be 2 charges filed against you in your county. Looks like fraudulent activity has been attached to your name and social security number. <robot voice> ShinerBock (insert real name here) <human voice> I do need to make you aware of your legal rights to address your charges prior to them being filed against you. You will need to do so before you receive your summons at your place of employment or home address. Once you're served, your rights will be forfeited. Your case number is... <robot voice> XXXXXXXX <human voice> Their telephone number is... <robot voice> (XXX) XXX-XXXX (this number is the same one they called from when leaving this voicemail ) <human voice> You will need to speak to someone in their legal department. ***End of message*** Normally I would just fire off a C&D and tell them to FOAD but two hours later I get an alert from equifax. These <insert ugly words here> did a hard pull and dropped my beautiful and hard won credit score below 700! SO... 1) Is this a TCPA violation? Is this message threatening action that cannot be taken thus being a violation of the FDCPA as well? The OC was never given permission to contact my cell because when I became deliquent I had never owned a cell at that point! Also, I want to make VERY SURE that the threat is in no way ambiguous for us "least informed consumer" types. 2) Did they have PP to HP my CR? I know this area is a bit murky as they most certainly DO have PP as a CA but from my POV since the debt isn't valid they do not. Any new case law to back up my assumptions? 3) Where do I go from here? It's not enough to send a C&D. They invoked my wrath when they did a HP. A single action of $1000 will not be enough. I am in a one party state and I own sufficient recording devices. If you were me, how would you go about inflicting as much monetary damage as is legal and ethical in this situation? Any and all forms of advice are encouraged. Thank you for taking the time to read all of this. Shiner
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