Some Bill Collectors Want to Play Games

[Flyingifr]

I have copied this post from another Board because I feel the members here would like to know about it.

There is an interesting discussion over at InsideARM over whether a text message sent to a Consumer by a Collector is a violation against the FDCPA prohibition against communicating with the consumer in any way that costs the consumer money.

Here's the thread: http://www.insidearm.com/forum/messageview.cfm?catid=9&threadid=7248&STARTPAGE=1&FTVAR_FORUMVIEWTMP=Linear

It is my position that since the text message costs the consumer a dime (at least on my AT&T bill it does) then it violates FDCPA Section 808(5) which reads:

"§ 808. Unfair practices

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(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."

Keep in mind that FDCPA was written before cell phones and text messages existed. This is another case where the law clearly lags behind technology.

I have warned them that my minions will be looking for that Bill Collector's Text message and will be ready to file suit to test the waters.

[Amerikaner83]

If I ever get a text message from a collector, he will rue the day! At that point, to me it becomes ultra-serious. I will go after them relentlessly. It seems it's actually a pretty blatant violation, due to the whole "charges to incur" provision of the FDCPA. Sure, the FDCPA lags behid technology - but "free text messaging" is NOT the norm. In fact, it's not very common at all!

[BTO429]

Flyingifr I take it yer a pilot like me. any how i can see it both ways I guees we will have to wait to see.

I guess I could bring it up the next time I go to my state capital to lobby on a few things I got going.

[Moriah4]

Remember that the Telephone Company has condoned the use of cell phones for collection purposes. That information is in a thread on this board. So if you don't wnat your cell phone used don't give anyone you are applying for credit to your cell phone number it then becomes fair game and will be passed around.

Blessings

Moriah

[Robert Nashville/Savannah]

Remember that the Telephone Company has condoned the use of cell phones for collection purposes. That information is in a thread on this board. So if you don't wnat your cell phone used don't give anyone you are applying for credit to your cell phone number it then becomes fair game and will be passed around.

Blessings

Moriah

Frankly I doubt that very many collection agencies are going to turn to text messaging as a favorite form of contact.

And Moriah is right, anyone who gives their cell phone number to a creditor when they are applying for credit have little legal leg to stand on when a CA collecting on behalf of that creditor starts using that same number to try and contact them.

[Robert Nashville/Savannah]

If I ever get a text message from a collector, he will rue the day! At that point, to me it becomes ultra-serious. I will go after them relentlessly. It seems it's actually a pretty blatant violation, due to the whole "charges to incur" provision of the FDCPA. Sure, the FDCPA lags behid technology - but "free text messaging" is NOT the norm. In fact, it's not very common at all!

I think you are right as a matter of law (under FDCPA) but I do believe it's going to be progressively more difficult to make that particular provision "stick".

If a CA specifically goes after your cell phone number; perhaps even avoids your land line I think a consumer would have a good case. On the other hand, if the consumer gives the cell phone number to the original creditor, I suspect they would have a difficut time convincing a judge that a CA shouldn't be allowed to call (or may have to actually prove they incured additional expense).

I think same thing with a text message although you are right, text messaging isn't "free" for most consumers so that issue is probably a bit more black and white in favor of the consumer.

[TTigggers]

My question is if they call you on your cell and you tell them not to call that number because you are charged for the calls and then they continue to call would they be in violation?

[Amerikaner83]

going by the "letter of the law", then yeah I would consider that a violation. But i wouldn't run off to the courthouse with that all by itself.

[TTigggers]

Well no we would want to have more violations than that.

This would just be another one to add to the list!!

[Amerikaner83]

yup - absolutely.