Jump to content

Question about FDCPA Section 806 or 807 - how do you prove?


Recommended Posts

I have 2 questions about FDCPA Section 806 and 807. I had a payday loan from a currency exchange, would the currency exchange qualify as a CA under FDCPA 806 or 807? Also, how would I prove that a manager verbally told me she would garnish my wages? And any verbal communication would be inadmissible unless it was taped or had witnesses? Would all of that have had to be in writing?

FDCPA Section 806 - Collection Agency can not use any kind of harrassment or abuse

FDCPA Section 807 - Collection Agency can not claim to garnish wages or have you arrested

Link to comment
Share on other sites

Um...hate to break it to you.....but the FDCPA applies to DEBT COLLECTORS....meaning 3rd party collection agencies, not the original creditor. And a "payday loan" company is not a debt collector. They would be considered an original creditor.

Which means the OC (payday loan currency exchane) is excempt from the FDCPA. Sorry.

Link to comment
Share on other sites

Um...hate to break it to you.....but the FDCPA applies to DEBT COLLECTORS....meaning 3rd party collection agencies, not the original creditor. And a "payday loan" company is not a debt collector. They would be considered an original creditor.

Which means the OC (payday loan currency exchane) is excempt from the FDCPA. Sorry.

Aren't there some states that have adopted their own versions of the FDCPA that is binding to the OCs as well? :confused:

Link to comment
Share on other sites

Some...but I don't think WI is one of them.

Even so...the area one needs to look is under the "payday lenders" area of the law...many times a state's laws differ specifically for these type of "loans". In fact, it's not really "loans" at all...just a post-dating of a check. Different animals altogether.

Link to comment
Share on other sites

  • 1 year later...

On numerous occasions, engaged in conduct the natural consequence of which is to harass, oppress, or abuse a person, on numerous occasions, in connection with the collection of debts, defendants have violation of Section 806 of the FDCPA, 15 C. g 1692d, including, but not limited to the following:

using obscene or profane language or language the natural consequence of which is to abuse the hearer, in violation of Section 806(2) of the FDCPA , 15 D. C. 92d(2); or

causing a telephone to ring or engaging any person in telephone conversation -repeatedly or continuously with the intent to annoy, abuse, or harass any person at the called number, in violation of Section 806(5) of the FDCPA , 15 D. C. 1692d(5).

On numerous occasions, used false, deceptive, or misleading representations or means, in violation of Section Section 807 of the On numerous occasions, in connection with the collection of a debt , defendants have FDCPA, 15 U. C. 1692e, including but not limited to the following:

falsely representing the character, amount, or legal status of any debt, in violation of Section 807(2)(A) of the FDCPA, 15 C. 1692e(2)(A);

falsely representing or implying that any individual is an attorney or that a communication is from an attorney, in violation of Section 807(3) of the FDCPA, 15 C. 1692e(3);

representing that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure; garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action , in violation of Section 807(4) of the FDCPA, 15 D. C. 1692e(4);

threatening to take any action that cannot legally be taken or that is not intended to be taken, in violation of Section 807(5) of the FDCPA , 15 U. C. 1692e(5);

threatening to communicate to any person credit information that defendants know or should have known to be. false , in violation of Section 807(8) of the FDCPA, 15 C. 9 1692e(8);

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.