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FDCPA Violations ?


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Even though the FDCPA does not explicity address this type of situation, do you think this is a violation ?

I had an account with a major cc company which had been charged-off. Apparently they sold the debt to a bottom-feeder. I never received anything from the bottom feeder, but prior to the first letter being sent out from an Attorney representing the bottom feeder, they called me at my place of employement where I have voice mail and the Attorney left a message for me. The Attorney then called my mother in PA and my brother in TX looking for me. When speaking to my mother they disclosed they are an attorney, on my brother's answering machine, they left a message stating they are calling from a law firm looking for me.

The voice mail which I copied from the Attorney was on 12/8, the letter was dated 12/9 with a postmark from their office on 12/13, the FDCPA states the initial contact needs to be within 5 days not 6.

On Monday 12/19 the attorney called and stated he needs to talk to me about my property and other assets. I live in PA and the attorney is in CA. I have made copies of all voice mail left for me at work. I have a feeling they will come in handy.

Thanks for your advice.

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The first step you should take is to DV the attorney. He must stop all collection activity until he validates the debt to you. IMO you should do this quickly as any more delay may result in you being served.

I never received anything from the bottom feeder, but prior to the first letter being sent out from an Attorney representing the bottom feeder, they called me at my place of employement where I have voice mail and the Attorney left a message for me. The Attorney then called my mother in PA and my brother in TX looking for me. When speaking to my mother they disclosed they are an attorney, on my brother's answering machine, they left a message stating they are calling from a law firm looking for me.

Unless the attorney stated to any 3rd party in any way that his purpose for contacting you was for debt collection, then he committed no violation. The FDCPA doesn't forbid an attorney from announcing that he is an attorney.

The voice mail which I copied from the Attorney was on 12/8, the letter was dated 12/9 with a postmark from their office on 12/13, the FDCPA states the initial contact needs to be within 5 days not 6.

Virtually any court in the land will consider you contacted within the FDCPA's 5 day limit. Even if you pressed the issue, the attorney would have an affirmative defense. FDCPA § 1692k© states that the debt collector may not be liable if reasonable measures were taken to follow the law.

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