Seeking opinions w/ Asset Accpt.

[gerrygoround]

Hello, I am seeking opinions on how to deal with Asset Acceptance.

I DV'd them on an account they are saying I owe for a Bally's membership. I DV'd and received a generic print out. I then followed up and received the same.

Before sending an ITS letter and filing suit, I also filed complaints w/ the FTC, BBB, and the TX state AG.

To date, they have not responded. They did repsond to the BBB and provided them w/ complete validation.

Let me also say that I DV'd them outside the 30 day window. However, I'm in TX and if I read the state FDCPA correctly, I can DV at any time and they have 30 days to respond.

Any advice on going ahead and filing suit?

[DocDon]

You'll also want to file with the Michigan AG (since that's where Asset is located).

When dealing with JDB's, you'll want to check out Coppola v. Arrow...

Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

This goes above and beyond the weakness of the FDCPA.

[codename_fortyseven]

Timeout! A CA MUST respond within 30 days if you are in Tx, and they MUST validate. Further, there is no 30 day continued collection timeframe. You can DV in Tx at any time, and they MUST cease collection efforts. It sounds like they violated Texas Finance code section 392.

[DocDon]

That may be true, but please let our AG know about it too - our powers that be seem more interested in campaign dollars than anything else, so while reporting it may not bring an immediate result, the complaint is logged, and they'll hopefully be held accountable when the poop finally hits the fan...