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FDCPA and Non-consumer transactions


QMAX21
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Hi everyone,

I wanted to get some insight on the FDCPA and what some attorney deemed as "non-consumer" transaction. Recently I had a friend who was let go from her job and the alleged claim was shoplifting. Though my friend has maintained her innocence, she received this nasty letter from this lawyer collection firm who demanded payment within 30 days but still claimed if she didn't validate this debt it would be presumed valid. This sounds very much to me like a FDCPA matter, particularly 1692g I believe.

When she sent a DV letter to him, the lawyer claimed that this issue wasn't covered by the FDCPA since it was a NON-CONSUMER TRANSACTION. The lawyer later claimed that this matter isn't an FDCPA because the amount of the money owed is based off some amount calculated by what the store claims my friend stole.

Now there was no evidence of the amount given whatsoever nor was their any evidence of theft. My friend has maintained her innocence and has since found another better paying job. My question to those here is what is the next step on this matter?

The alleged debt claimed is 1700 and it is due because of an alleged shoplifting incident that hasn't been verified or validated. Comments and suggestions greatly welcomed.

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The alleged debt claimed is 1700 and it is due because of an alleged shoplifting incident that hasn't been verified or validated. Comments and suggestions greatly welcomed.

I would think that if the former employer had any evidence whatsoever, they would have filed criminal charges. From your post, I get the impression that they may be trying to intimidate your friend into paying for something that she is not liable for.

If she is indeed innocent, she might consider speaking to her own attorney regarding this incident. What the ex employer is doing is most likely illegal.

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I would think that if the former employer had any evidence whatsoever, they would have filed criminal charges. From your post, I get the impression that they may be trying to intimidate your friend into paying for something that she is not liable for.

If she is indeed innocent, she might consider speaking to her own attorney regarding this incident. What the ex employer is doing is most likely illegal.

QMAX-I spoke with my friend and basically she mentioned that they called her in the back and told her to sign some slip which they alleged she stole 498 items. They told her that either she does this or she would be arrested. This sounds like coerced confession to me.

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WOW, if she signed something admitting liability, they don't have to prove much. She's likely screwed, since her best bet was to deny the claim, allow them to contact the authorities and then fight the claim from there. Unfortunately, she's going to have a hard time fighting this one. To answer another question, IMO, I don't believe the claim is subject to the FDCPA since this is a an attorney collecting for a first party and the claim is not of a debt incurred but of a criminal act.

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