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TCPA and OC question


BrokeBob
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I have a couple of questions.

There were three phone calls I got from creditors today. One was a robocall rom a CA, even though I have repeatedly told them NOT to call me. I know that is a violation of the FDCPA, is that a violation of the TCPA as well, since I haven't informed them in writing? BTW, in the next couple of days I will send out a 3 or 4 page psycho rant about how they should never call me at work again. Buried somewhere in page 3 is a request for validation of the debt. I think newryman would approve, but I could be wrong. :twisted:

I got two other calls from BoA. I think I have told them I cannot take calls at work before. I will have to check my records. Someone claiming to be from BoA called at 12:14. I told him I cannot take those calls at work, and I hung up on him. He called back less than a minute later, at 12:15, to ask when he could call. I repeated the request, and hung up on him again.

So, this is at least one, and probably two, calls AFTER they were notified I cannot take these calls at work. Again, one was the same person, less than a minute later.

I gather the FDCPA doesn't apply to the OC. However, is this a violation of the TCPA?

I'm confused.

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I do not think you handled the BoA situation appropriately. Poor guy is probably making $11 an hour just trying to do his job and you treated him like a POS for no reason at all.

The whole situation would have been done and over in less then 2 minutes if you said in a kind and polite manner - I am not available to talk right now, my employer does not allow me to take personal phone calls at work. However, I am available from (insert times here) on such and such a day and I will be able to communicate with you then.

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I have found that the callers tend to stay on until I do hang up. I was polite about it. I very nicely told him that I cannot take those calls at work, said goodbye, and hung up. Considering that I have told them in the past not to call me at work, that was more than what was called for. I think his calling back was wrong.

I did telemarketing a few decades ago. I worked for one of the few telemarketing firms that had a very high ethical standard. From my experience, someone who politely declined to speak, asked not to be called back, and hung up was as good a non-sale as I could get. That kept me from wasting my time, and wasn't overly rude. What is wrong with me treating others the way I would've like to have been treated myself?

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Ask who's calling.

Ask who they are with.

Ask what they are calling about.

Ask them for their Social security #.

They will be incredulous. Just tell them that you need it because you need to know who to sue if they violate your rights.

If they refuse. Say "I understand, but don't call me up to refuse to discuss the issue with me...does that make sense?"

I still enjoy doing this!

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It's not a violation of either unless you inform them in writing.

Correct

OK, I'll send out the aforementioned request/psycho rant today, CMRRR. Then, any more robocalls are violations of everything. They have already committed a few FDCPA violations, such as overshadowing. The overshadowing is in the letter they sent me, so that would be easy to prove to a judge.

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1. what makes you think that you can not orally revoke your implied " express consent" in regards to the tcpa ?

2. is there a written revocation requirement within the text of the statute ?

3. furthermore, if the number was not directly provided with the original application then it does not qualify as implied "express consent" under the declaratory ruling either...

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1. what makes you think that you can not orally revoke your implied " express consent" in regards to the tcpa ?

2. is there a written revocation requirement within the text of the statute ?

3. furthermore, if the number was not directly provided with the original application then it does not qualify as implied "express consent" under the declaratory ruling either...

1 & 2 were what I thought. I think I gave the work number with the original application.

In any case, I just sent a combined don't call at work / DV letter to the CA a few minutes ago. They already have some FDCPA violations. At some point, perhaps I should just sue them and let the judge decide how much money to award.

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