Jump to content

allied interstate keeps calling after dv recieved


dgbbld
 Share

Recommended Posts

I sent dv letter including no phone contact. I recevied the green card back it was signed for on 2-14-05 I have recevied 7 computer generated calles from them after they recieved my dv is there enough violations here to demand delet. where should i go from here? any help would be great

Thanks

Link to comment
Share on other sites

Technically, they are allowed to talk with you one more time after receiving your DV letter...to tell you what their intentions are. So, if you have not as yet actually talked with a human, then no, they're probably not in violation yet.

And...even if you have talked with someone each time...you're going to need proof. Telephone recording, for example, but before your record, look at all the post regarding whether its legal in your state or not.

Link to comment
Share on other sites

If you sent the DV request timely, that would be within 30 days after you recieved their INITIAL contact letter (I am assuming your DV' was in response to a letter)... they cannot contact you, even once, after reciept of your DV until they respond to your request with the validation.

That is they must cease collection activity until they send you the validation you asked for. If this was sent timely then they have violated.

Link to comment
Share on other sites

Okay, guys, there's a link at the top that show the FDCPA in its entirety. Time to read and learn to love it.

As for communication:

Section 805c. CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

And also

Section 808 (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

So the "one more call" is allowed, but if you have to pay for incoming calls on your cell phone then you do have them for violating the latter.

Link to comment
Share on other sites

Its the items 2 & 3 that encourages them to call one more time. The "invoke a specific remedy" threat is what they want you to hear. Some will flat out say "...see you in court..." while others will just in passing say "...well...I'll refer this to legal and see what they want to do...". Its just another opportunity to intimidate you.

And, there are some CAs who just don't beleive the law applies to them. There are lawyers that say "...well...we're lawyers, we're not debt collectors..." and there are guys that sit in their basement making phone calls all day who figure they're too small to be sued.

So, on the one hand, its a good thing to have a debt turned over to a collection agency. 99% of them screw up one way or another, and if you know your rights, you can catch them at it and maybe make a little money off it...

Link to comment
Share on other sites

Just one of the many games that collectors play to circumvent the FDCPA. Technically, until they actually talk with you in person, they haven't had their one phone call.

BUT...if they're calling on your cell, and inbound calls cost you money, you could probably sue them for an FDCPA violation...or at least send them a letter pointing out that they are in violation and if they don't cease, you see them in court.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.