lucig284 Posted March 16, 2004 Report Share Posted March 16, 2004 Is it my imagination or did I read somewhere that CA's can't use CREDIT BUREAU in their name?? I have 3 accounts listed under the name The Credit Bureau, INC and or The Rochester Credit Bureau.. depending on which report I'm looking at. I checked with the FL. Dept of Financial Regulation and they aren't licensed under either name. What type of letter should I be sending them ? Thanks y'all Link to comment Share on other sites More sharing options...
J_Snow Posted March 16, 2004 Report Share Posted March 16, 2004 I checked with the FL. Dept of Financial Regulation and they aren't licensed under either name. What type of letter should I be sending them ? Thanks y'allSend a letter via fax to othe FDoFS requesting licensing information for the CAs. Give the CAs name and address (if you dont have the CAs information look them up at http://www.acainternational.org/intcontent.aspx?cid=). Include your return address. They will send you an official letter showing the status for each one. Keep that letter for future use as proof that they are doing business illegaly in FL. It will be part of what you may use with the FL AG and FDoFS when you complain.The fax number to FDoFS is 850-410-9748I haven't found out what the penalties are for CAs doing this or what (if any) fines we can get them on. I just havent looked it up yet. Perhaps somebody else knows? Link to comment Share on other sites More sharing options...
lucig284 Posted March 16, 2004 Author Report Share Posted March 16, 2004 I checked with the FL. Dept of Financial Regulation and they aren't licensed under either name. What type of letter should I be sending them ? Thanks y'allSend a letter via fax to othe FDoFS requesting licensing information for the CAs. Give the CAs name and address (if you dont have the CAs information look them up at http://www.acainternational.org/intcontent.aspx?cid=). Include your return address. They will send you an official letter showing the status for each one. Keep that letter for future use as proof that they are doing business illegaly in FL. It will be part of what you may use with the FL AG and FDoFS when you complain.The fax number to FDoFS is 850-410-9748I haven't found out what the penalties are for CAs doing this or what (if any) fines we can get them on. I just havent looked it up yet. Perhaps somebody else knows?I already have the letters with the gold seal saying that they aren't licensed. Link to comment Share on other sites More sharing options...
Methuss Posted March 16, 2004 Report Share Posted March 16, 2004 Is it my imagination or did I read somewhere that CA's can't use CREDIT BUREAU in their name?? You are correct. See the FTC opinion letter "Dankowski"http://www.ftc.gov/os/statutes/fdcpa/letters/dankowski.htm Link to comment Share on other sites More sharing options...
lucig284 Posted March 16, 2004 Author Report Share Posted March 16, 2004 I was in email contact with Dave Knoll at the DoFS and this is what I was told when I asked some questionsME: What if anything should I do about the unlicensed collection agencies trying to do business in our state?? DAVE: As far as any recourse against this industry, well from what I understand is futile. They are the most unregulated industry in this state from what I understand. You can file a complaint, but I think they will just hand the complaint to the firm and ask them if they would adjust there business practices and not have any disciplinary rules to be taken against them. I understand that they do have statutes pending in this years Legislative session to give us some disciplinary leverage should the bills pass. ME: Thanks for the info... Maybe I should start a grass roots campaign to push our Legislators to do something "right" for the consumers in this state. It has never made any sense to me to have laws in place, yet do nothing about the violations or violators. Here is what he said when I told him that I wanted to send the Certs with letters letting them know that I KNEW they weren't legal.. ME : I plan to send them a letter stating that I know and have proof that what they are doing is illegal. I will also be sending a copy of that letter to the BBB, the FTC, and the Attorney Generals of both FL and NY.. Probably be a waste of postage but it will sure make me feel better. Maybe they will realize that they aren't dealing with some DUMB old woman. By the way... our only income is SSI, a VA pension and NY State Retirement , all of which are unattachable.. should they even try. So I am not to worried about them trying to play rough. The debt that they are saying we owe is NOT ours. DAVE : Please beware that they may intensify there harassment. Like I said, right now we can do about nothing as far as regulation or disciplinary actions against them Link to comment Share on other sites More sharing options...
J_Snow Posted March 16, 2004 Report Share Posted March 16, 2004 DAVE : Please beware that they may intensify there harassment. Like I said, right now we can do about nothing as far as regulation or disciplinary actions against themDave's a pretty nice guy.. Sorry, I didnt realize you were farther along than me.Thanks for all that info... It sucks, but thanks for it anyway! J Link to comment Share on other sites More sharing options...
Methuss Posted March 16, 2004 Report Share Posted March 16, 2004 I was in email contact with Dave Knoll at the DoFS and this is what I was told when I asked some questionsWhile your State's enforcement on CAs may not be very good, it does provide you with leverage. You see, the FCRA and the FDCPA both require a person reporting information to have some legal basis to their claim. That's why what they report must be accurate and why they have to provide proof upon demand.Ask yourself this: Can the information on your CR be accurate if the entity reporting it has no legal claim? If your own courts would deny them a judgement because they are not licensed can what they are reporting be considered 100% accurate?I'd think not. Link to comment Share on other sites More sharing options...
J_Snow Posted March 16, 2004 Report Share Posted March 16, 2004 I've found this relating to unlicensed collections in the state of Florida:State: CHAPTER 559REGULATION OF TRADE, COMMERCE, ANDINVESTMENTS, GENERALLYPART VICONSUMER COLLECTION PRACTICES (ss. 559.55-559.785)559.565 Enforcement action against out-of-state consumer debt collector.The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55( 8 ). (1) Any out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part shall be subject to an administrative fine not to exceed $1,000 together with reasonable attorney fees and court costs in any successful action by the state to collect such fines. (2) Any person, whether or not exempt from registration under this part, who violates the provisions of s. 559.72 shall be subject to sanctions for such violations the same as any other consumer debt collector, including imposition of an administrative fine. The registration of a duly registered out-of-state consumer debt collector shall be subject to revocation or suspension in the same manner as the registration of any other registrant under this part. (3) In order to effectuate the provisions of this section and enforce the requirements of this part as it relates to out-of-state consumer debt collectors, the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any federal district court of competent jurisdiction. History. ss. 5, 13, ch. 93-275; s. 818, ch. 97-103.2. Attempt to collect a debt beyond SOL:559.72 Prohibited practices generally.In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist; History. s. 18, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 7, 13, ch. 93-275; s. 819, ch. 97-103; s. 1, ch. 2001-206.So nothing for the little guy-but something to use to threaten them with. Link to comment Share on other sites More sharing options...
Methuss Posted March 16, 2004 Report Share Posted March 16, 2004 Well regardless of the licensing in FL. They did violate the FDCPA by using "Credit Bureau" in their name. So you got them on that already. That one thing is a $1000 cha-ching. Link to comment Share on other sites More sharing options...
J_Snow Posted March 16, 2004 Report Share Posted March 16, 2004 Well regardless of the licensing in FL. They did violate the FDCPA by using "Credit Bureau" in their name. So you got them on that already. That one thing is a $1000 cha-ching.These are the ones listed as 'licensed collection agency' in Florida:CREDIT BUREAU COLLECTION SERVICES INC CREDIT BUREAU OF LANCASTER COUNTY INC CREDIT BUREAU OF MARIANNA INC CREDIT BUREAU OF PANAMA CITY LTD CREDIT BUREAU OF SOUTH FLORIDA CREDIT BUREAU SYSTEMS INC Just FYI... Link to comment Share on other sites More sharing options...
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