Psycosis Posted February 8, 2005 Report Share Posted February 8, 2005 If the OC is excluded from the FDCPA, are there state laws that govern their practice of collections. Who's state law would apply if such rules are set? The credit grantor or that of the borrowers? Where could I go to find out about such restrictions? Link to comment Share on other sites More sharing options...
miracle Posted February 8, 2005 Report Share Posted February 8, 2005 The OC doesn't have to follow the FDCPA as they are not CAs.Some states have additional laws when it comes to collections. I am not sure if Florida does, but I would start by searching this site and maybe a google search.The laws apply for the state you reside in (the borrower) as far as I know.Good Luck! -Jenn Link to comment Share on other sites More sharing options...
wunderwoman Posted February 8, 2005 Report Share Posted February 8, 2005 You can also check the Fair Credit Billing Act. It covers the Original Creditor. Link to comment Share on other sites More sharing options...
Psycosis Posted February 8, 2005 Author Report Share Posted February 8, 2005 thanks wunderwoman but unfortanatly that law doesnt apply to my situation. Fair credit billing act The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed scheduleIs there any laws that apply to installment accounts its for my auto loan they have been calling on my cell # which is cali base area code but i live in florida now when they call its 11:30pm at night and they call over and over again , I am paying within the 30 days but they continualy bug. I have requested them not to call but they still do . I was looking for a state law that may allow me trap them into a law suit for as this issue is not covered under the FDCPA.THANKS FOR THE ADVISE Link to comment Share on other sites More sharing options...
chatter2960 Posted February 8, 2005 Report Share Posted February 8, 2005 Who are these people? It isn't TranSouth is it?I have an auto loan with them and if you are even a day or two past the due date they call and harrass the sh*t out of you!! I HATE them.I can't wait to re-finance. Link to comment Share on other sites More sharing options...
Psycosis Posted February 8, 2005 Author Report Share Posted February 8, 2005 Triad Financial. These people are out of control Link to comment Share on other sites More sharing options...
DocDon Posted February 8, 2005 Report Share Posted February 8, 2005 Article 9 of the Uniform Commercial Code governs secured transactions.http://www.law.cornell.edu/ucc/9/ Link to comment Share on other sites More sharing options...
chatter2960 Posted February 8, 2005 Report Share Posted February 8, 2005 I know the feeling. For a while I was having some money problems, and I always paid before i was 30 days late. It must have made them ill because I wouldn't get late enough for them to report. They would call me a hundred times a day.I got into it once with these TranSouth people and they informed me that if my credit didn't suck, I could have financed through someone else and they wouldn't have to harrass me. I am not kidding! They said that was what I got for going through a "second chance" finance company.That was the best motivation I ever got for cleaning up my credit. I hate giving those *ssholes my money every month. Link to comment Share on other sites More sharing options...
Psycosis Posted February 8, 2005 Author Report Share Posted February 8, 2005 I hear that chatter , I made the biggest mistake ever signing with these people I acted on impulse due to wanting a new car now I stuck in this &%$# up contract Paying 40,000 for a 20,000 dollar car ......anyone now how I can get out without taking a vol repo , way to far upside down for a trade in Link to comment Share on other sites More sharing options...
DocDon Posted February 8, 2005 Report Share Posted February 8, 2005 Check your state statutes regarding harassing phone calls. These telecommunication statutes go beyond the creditor/customer relationship, and may very well address repeatedly phoning at extremely inconvenient hours no matter who it is. Link to comment Share on other sites More sharing options...
Psycosis Posted February 8, 2005 Author Report Share Posted February 8, 2005 Thanks again Doc !!!!!!! Link to comment Share on other sites More sharing options...
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