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"Punk" is appropriate for you, feloniouspunk, though your handle blasphemes the name of a great jazz pianist whose work fans have enjoyed longer than you have walked this earth.

Last time I looked, the FDCPA prescribed collector conduct, regardless of the consumer's position. CAs misapply Chaudry to intimidate those who take the time to dispute the demand. It is of extremely limited value and authority, and informed consumers who know that can parry the cite in their verbal jousting with a CA.

When I got out of law school there were older lawyers who would help a young practitioner learn how to go about things. So, if you would give me your real name and address, I'd be happy to invite you to a real court, where I and the judge can teach you - as Judge Kanne showed Edelman & Combs - the consequences of reckless bahavior.

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FP,

Your level of arrogance for just a student is appalling and frightening for those who might become your clients!

One does not become wise unless one can admit that one does not know everything about a subject.

I am not an attorney although I have had numerous attorneys offer me a job if I would just go to law school! :wink: I filed motions that seasoned attorneys stated could not succeed (arrogance), yet the motions WERE successful! I hired, foolishly, one atty. I fired him mid-case and then sued him for legal malpractice. His response in the case and with the State Bar were personal attacks (and lies) on me. Ultimately he wrote me a check for $50K.

If YOU don't keep your arrogance in check, you better have legal malpractice insurance. You will need it.

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  • 1 year later...

#8 04-22-2005, 12:26 PM

Recovering Attorney

500 posts and hasn't been banned yet....

3000+ Posts Join Date: Apr 2004

Location: Albany NY

Posts: 3,549

--------------------------------------------------------------------------------

Tell them that Chaundry is not the law of the land. Remind them that the FTC's Wollman letter ( you can get a copy at the opinions page at the FTC) requires them to give you detailed information on the alleged debt. Tell them to do so in 30 days or you will consider them in violation. Remind them that since you dispute the debt, and they know the debt is disputed, they should not tell anyone else about this debt or you will sue for that, too.

Copy the FTC and your State AG on the letter

Your information is very helpful as I am new here. I am having difficulty in finding the Wollman letter on the FTC site. Can anyone provide a link or where the letter is located? There is so much to learn here. Thank you.

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Remind them that the FTC's Wollman letter ( you can get a copy at the opinions page at the FTC) requires them to give you detailed information on the alleged debt.

Those FTC opinion letters don't carry any weight. Courts routinely disregard them and they're not binding upon anyone. You'll notice that nearly every letter contains a disclaimer stating that the opinion is only a staff opinion and is not binding upon the Commission. You're best off trying to locate a court opinion that reaches the same conclusion; problem is you're not going to find it.

But, if you must have it; http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Also, keep in mind the timeliness of this and other letters. Many of them were written in response to an older version of the FDCPA (pre 1997).

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