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Violation?


madshooter
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I received two phone calls from a collection agency on my cell phone with messages left both times. This debt isn't mine and I have cleared it up with the origianl creditor. It was for a business acct. that wasn't even mine. Anyways, isn't it a violation when a collection agency contacts your cell phone? I also received a fax from them showing an itemization of a bill. Just wanted to know if I can sue these scumbags. thanks in advance.

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I believe so. Especially since it costs you money when they call you on your cell phone. You may have to tell them that you aren't who they are looking for first. If they keep coming after you after you've informed them that you aren't who they're looking for, then I'm sure you can sue.

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I received two phone calls from a collection agency on my cell phone with messages left both times. This debt isn't mine and I have cleared it up with the origianl creditor. It was for a business acct. that wasn't even mine. Anyways, isn't it a violation when a collection agency contacts your cell phone? I also received a fax from them showing an itemization of a bill. Just wanted to know if I can sue these scumbags. thanks in advance.

Business debts are not subject to the rules of the FDCPA.

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I don't understand; did you personally guarantee the account or not (your first post said the debt wasn't your debt)??? If you did personally guarantee the debt then it is leaglly your debt.

As to whether or not FDCPA applies, I believe it will depend on how the debt was structured in the beginning - if the debt was really a "personal debt" that happened to be used for a business purpose then I believe the debt is "personal" and not "business" and therefore, the FDCPA would apply.

My guess is that if there had to be personal guarantees then this is a '"personal" debt no matter what the funds happened to be used for...pretty typical of a start-up business where there is no basis for a true business loan (in the name of the business only).

If I'm wrong; someone please correct me!

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The debt in question is not mine. I have an existing acct. with the credior that I had to PG for my business. It allows me to pull credit reports (mortgage company). This company contacted my cell phone on two occasions leaving messages, than faxed me a computerized itemization of this account with no mini miranda to dispute this debt as required demanding that I pay to protect my credit. I contacted the origianl creditor who I still have an acct. with and they took care of it and apoligized for the error. I want to know if I can go after these dirtballs since they seem to have made more than one violation. This CA is also not licensed to collect in my state. No license or bond.

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Called my cell phone for the third day in a row. They know this is not my debt now as the oc has cleared up this mess. I answered today and the lady asked for someone else, I told her she had the wrong number. She than asked me if I knew tha person, I told her I did but wouldn't help her, she mummbled something and hung up on me.

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You do have some recourse here.

As to the cell phone calls, they are not allowed to cause you to pay for their calls, unless they can prove you supplied this number as the only way to contact you.

My biggest complaint is their use of a FAX to send a bill. How do they know you are the only one who uses it? This is sharing personal info to others, and a big OOPS!

As to others, you could claim they continued activity after receipt of error from the OC, but, you would have to document they had knowledge and ignored it. Somewhat difficult here. I would document all you can recall so as to find if you have sufficient cause or not, as in actual monetary rewards. Why is becasue in Federal, you can only sue for up to $1000 punitive per action. In short, is it worth it? To me, my suggestion is to discuss this with the OC and describe to them that, in some states, they can be held liable for the actions of their assignee. Therefore, if they value their clients and employees, it would be in their best interest to sever their relationship with this CA before it comes back to bite them. Of course, you do describe how you were violated and show the applicable laws to support you. The CA loses, right?

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