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lucig284

CA's Not licensed in FL.. What should I do?

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There are 2 CA's on my CR that are not licensed in the state of Florida. I contacted the Dept of Financial Services and they have sent me letters stating that fact. So, now I have 2 letters with the official FL seal and I'm not sure what to do next. Do I send them a letter stating that I know that they are not licensed, send them a DV letter, try disputing with the CRA's or what?? I am, as usual, totally confused and need your help. :?

Luci

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You send a copy to each CA and demand they immediately cease all collection activity, remove any negative information from your credit files and any subsequent inquiries from their unauthorized viewing of your credit files. Failure to do so will leave them liable for actions as allowed by the FDCPA, FCRA, and Florida Statute.

Remember: Do not physically sign anything submitted to a CA - many have been known to engage in forgery. Your printed name and address will suffice.

You may also follow-up and file a complaint with your State AG and alert them to these 2 CAs who are attempting to circumvent state law.

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Your letter from the DoFS will suffice to let them know they're violating Florida law. Because the CAs know what states they are licensed to collect in, they would be in violation of:

§ 806. Harassment or abuse [15 USC 1692d] By continuing to contact you for a collection they are not legally allowed to come after you for.

§ 807. False or misleading representations [15 USC 1962e] By indicating you are legally bound to them and their collection of the debt (remember, they're not licensed and know it).

The section for liability for violating the FDCPA is:

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

The FCRA:

§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]

Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

-viewing your personal credit file under the pretense that they are licensed to collect per your state law.

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

-again, reporting the collection to the major repositories, with complete knowledge are not licensed to move forward against you in your state.

That should do the trick.

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I won in court for this reason.

Florida Judges don't like unlicensed activity in their state.

Good job on getting the proof with the seals!!

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There's a letter in my thread on it..see my signature..:)

I've been looking for that page since I deleted my bookmarks! Thanks NanaC! :D

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Thanks NANA.. I'll print it out and use it for reference.. One of the CA's has never contacted me by either phone or mail.. they just showed up on the credit report. The other one responded to a DV letter I sent to them. They did not provide a license #.. all they sent was a print out of what they say is my account. Is there any special way I should handle either one of these??

Luci

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I won in court for this reason.

Florida Judges don't like unlicensed activity in their state.

Good job on getting the proof with the seals!!

I wouldn't have ever thought of checking on them ( the CA"S ) if it weren't for NanaC's

post and the "sticky" posted on the site. I owe her big time for that one..

I didn't have any problems getting the info I needed and the guy from DoFS even called me back and then sent me an e-mail saying that the letters had been sent out.

Luci

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Re: Florida collection agencies:

Out of state consumer collection agencies are exempt from registration requirements if they:

1. are collecting debrts by means of interstate communications; and

2. are collecting on behalf of a creditor who has not business presence (including no affiliate or subsidiary) in the state. Fla. Stat. Ann 559.553.

Registration is not required of any out of state consumer collection agency that does not solicit accounts from creditors with a business presence in the state. :roll:

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Re: Florida collection agencies:

Out of state consumer collection agencies are exempt from registration requirements if they:

1. are collecting debrts by means of interstate communications; and

2. are collecting on behalf of a creditor who has not business presence (including no affiliate or subsidiary) in the state. Fla. Stat. Ann 559.553.

Registration is not required of any out of state consumer collection agency that does not solicit accounts from creditors with a business presence in the state. :roll:

As usual, I am totally confused by this post. Can anyone explain to me what exactly it means?? The CA's I have the letters from the DoFS showing non -registration are S & P Capital Investments, Eulees, TX and The Credit Bureau INC, Rochester, NY.

Thanks,

Luci

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Don't be confused. As explained to me by the state:

If they collect for a credit card company that sends applications to anyone in our state,they must be licensed.

If they collect for a credit card company that has anyone paying on an account in our state, they must be licensed.

It's in very rare instances that they DO NOT have to be licensed-by the state's own words.

Don't get caught up in the language. You go after them. They have to prove if they don't have to be-which they can't.

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Thanks Wert... Now all I have to do is figure out how to write a real KICK A** letter to send to both of them. Oh yeah, another bonehead question...

Do I send them the original letter with the pretty gold seal or just a copy of it??

Luci

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I'd just send a copy, save the original for court-if you ever have to go.

If it was me, I would make it a really short letter. Basically a few sentences saying enclosed is a copy showing they are not licensed. Tell them they better drop it or you will sue them.

I would keep it to the point.

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Could you post or PM me the person you contacted to get these letters. I'm in Florida and I believe American Agencies is not licensed here.

I know they have no Corp here, Not even in their state.

As I read the Law, Since they are out of state, but collect for

a company that does business in this state they are in violation.

They are collecting for South Westen Bell.

Will the defence of we are collecting for a debt from Texas work

or is it related to the the debtor lives.

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If the CA does not have clients in the state of Florida and does not try to get clients in the state of Florida, they don't have to have a license. In other words, if they are collecting for ABC company, whose business is located in Georgia, as is the collection agency, they don't have to have a Florida license to collect from you while you are living in Florida. :shock:

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Could you post or PM me the person you contacted to get these letters. I'm in Florida and I believe American Agencies is not licensed here.

I know they have no Corp here, Not even in their state.

As I read the Law, Since they are out of state, but collect for

a company that does business in this state they are in violation.

They are collecting for South Westen Bell.

Will the defence of we are collecting for a debt from Texas work

or is it related to the the debtor lives.

FlaDave,

I PM'd you the guy's name and email address.

Luci

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