fltim1960 Posted January 31, 2007 Report Share Posted January 31, 2007 I sent Asset a validation letter stating that all future communications MUST c(caps in original letter also) be in writing and sent to my address via USPS. I received a form letter validation and before I could even respond a rep from Asset called me on my cell trying to arrange a payment schedule for 2 accounts. I am not even certain of the accounts and they are already calling me on the phone. Violation or not? You make the call. Link to comment Share on other sites More sharing options...
mparksmagic Posted February 1, 2007 Report Share Posted February 1, 2007 IMO They called your cell... Violation.1692f(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. Then again, I'm not a lawyer.Also, they do not have to stop collection activity if you did not respond within the 30 initial communication period, regardless of your DV. Link to comment Share on other sites More sharing options...
nascar Posted February 1, 2007 Report Share Posted February 1, 2007 IMO They called your cell... Violation.Yes, we had a pretty good discussion on that a few months back. I believe the cell phone calls do constitute a violation. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 1, 2007 Report Share Posted February 1, 2007 IF you DV'd timely AND they did not verify the debt properly THEN they violated 1692g( for continued collections. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 1, 2007 Report Share Posted February 1, 2007 Better violation: calling a cell phonme without your permission violates the Telephone Consumer Privacy Act. Nice fine amount AND you bring it in small claims court Link to comment Share on other sites More sharing options...
the aussie Posted February 1, 2007 Report Share Posted February 1, 2007 Better violation: calling a cell phonme without your permission violates the Telephone Consumer Privacy Act. Nice fine amount AND you bring it in small claims courtI have to question the cell phone violation as automatic. With all the porting that goes on today....is the onus on the CA to know the number they are calling is a cell phone? If one applied for credit somewhere and listed there cell number as home....would that not now show up on CRA as home number?Cell phone numbers have to be given out at some point in time to be showing up on CRA.Case in point...I do not have a home number myself and utilize my cell as such. I therefore could not cry foul if CA contacted me via that number.The Aussiexbeer2) Link to comment Share on other sites More sharing options...
fltim1960 Posted February 1, 2007 Author Report Share Posted February 1, 2007 Well I do know that Asset was in contact with me approx. 20 times. All contact was through my home phone number so they are in possesion of my home #. I thought the violation might be the fact that they called me at all after I asked for all contact to be done via the mail. Anyway thanks for all the help, you guys (and ladies) are a wealth of knowledge. Link to comment Share on other sites More sharing options...
the aussie Posted February 1, 2007 Report Share Posted February 1, 2007 Well I do know that Asset was in contact with me approx. 20 times. All contact was through my home phone number so they are in possesion of my home #. I thought the violation might be the fact that they called me at all after I asked for all contact to be done via the mail. Anyway thanks for all the help, you guys (and ladies) are a wealth of knowledge.If you did a timely DV and requested a C&D, except for USPS it is indeed a violation. And if they are aware that the number they are calling is your cell phone that falls under another category of violations. If they are calling you that many times after you have DV'd, get yourself a recorder...have some fun and make some money off them.The Aussie Link to comment Share on other sites More sharing options...
fltim1960 Posted February 2, 2007 Author Report Share Posted February 2, 2007 Didn't send in a c&d letter. In my validation letter I requested all future contact be done via USPS. I was not clear in the fact that they have called only once since they received my letter. They have called my house on a number of occasions before the letter so they do know my home number.Will contact an attorney tomorrow as I think they will be taking me to court soon anyway. Link to comment Share on other sites More sharing options...
the aussie Posted February 2, 2007 Report Share Posted February 2, 2007 Didn't send in a c&d letter. In my validation letter I requested all future contact be done via USPS. I was not clear in the fact that they have called only once since they received my letter. They have called my house on a number of occasions before the letter so they do know my home number.Will contact an attorney tomorrow as I think they will be taking me to court soon anyway.Well if they take you to court, you have another violation...continued collection activity before validating the debt........The Aussie Link to comment Share on other sites More sharing options...
fltim1960 Posted February 2, 2007 Author Report Share Posted February 2, 2007 Sorry my bad. I did receive a validation letter. One I was not at all pleased with. Sort of a form letter. The day I sent a follow-up letter is the day they called. Sorry for all the confusion. They should not have called at all is my thinking because in my original letter I requested that all further communication must be done in writing. As soon as they sent the validation letters then they called. Phew!I feel like the guy in the commercial who pays by cash in the store when everyone else is using debit cards and he brings everything to a standstill. I'm always out of step! LOL Link to comment Share on other sites More sharing options...
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