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FDCPA Violation?

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Hi-A CA called me several weeks back and left a message on my answering machine regarding an alleged debt. Standard message, "this is for Mr. John Doe, blah, blah, blah...when calling back use reference # 1234546". Caller ID showed it to be Arrow. This was the initial communication.

I faxed a C&D to them that same day. I never received the written notice they're supposed to sent, per FDCPA section 809.

I think they violated by not sending the notice.

Any thoughts?

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Guest usctrojanalum

I'm fairly certain that they are required to send the notice if they speak with you directly, not just leave a message on an answering machine. I would say they have not violated... yet.

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My position is that the machine message was the initial communication of the alleged debt. I can't find any case law supporting that they have to speak directly with a debtor.

Also, the definition of "communication" under the FDCPA is

§ 803. Definitions

As used in this title—

(1) The term “Commission” means the Federal Trade Commission.

(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

Their message said it regarded a Citi account but gave no amount or further info. There also wasn't the mini-miranda either.

I haven't filed a suit in a while...may just need to :twisted:

Edited by leadhead
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Has anyone ever won a single cause filing based on your 5 day letter and NO other violations or other facts? Sending that letter (non certified) is really a he said/she said kinda thing, and as long as they look like they sent it, it's really hard for you to prove they didn't.

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Guest usctrojanalum

You could sue and attempt to make that argument, I personally do not think it would be sucessful. Plus they do not actually have to prove they sent you the letter, they only have to prove they have "systems in place" to send you a letter, and they most undoubtedly do.

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Well, well, well...I called Arrow today and talked to a rep about not receiving the 5 day letter. She admitted they didn't send it because they received my faxed C&D-dispute letter.

This could get interesting.

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Well, well, well...I called Arrow today and talked to a rep about not receiving the 5 day letter. She admitted they didn't send it because they received my faxed C&D-dispute letter.

This could get interesting.

It's still a violation see Foti v NCO ( this makes leaving a voice mail message a communication and then look at the definition of communication in FDCPA. )

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If you sent them a full on C&D letter, then I'm betting they have no need to send you a letter. You told them not to ever contact you, and by sending you anything (even the initial letter) it would violate your C&D request.

$50 says you're screwed if this is all you have to go on.

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Although i agree with jezter6, make the argument. Maybe your case will create new case law where we can set yet another FDCPA trap for the debt collectors. This isn't the only "damned if you do, damned if you don't" situation in the FDCPA.

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Big apologies...

I looked at the file and it was a DISPUTE letter, not a C&D.

But even if it had been C&D, I maintain that they're still required to send the written notice since under 805© they can send a "final" communication.

jezter6, I've done more with less :-)

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Awesome. (and quick)

I am interested in this "draft complaint". Is it official or something just typed up? The reason I ask is I have several JDB with violations I am dealing with and would like to send them a draft complaint to get them moving. I do have an attorney I can refer it to if needed after that point but would like to not have to go that far.

You can PM me an example if needed.

Thanks.

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Awesome. (and quick)

I am interested in this "draft complaint". Is it official or something just typed up? The reason I ask is I have several JDB with violations I am dealing with and would like to send them a draft complaint to get them moving. I do have an attorney I can refer it to if needed after that point but would like to not have to go that far.

You can PM me an example if needed.

Thanks.

Does anyone have a 'draft complaint' posted for review on this site?

I'd also like to get one...maybe someone knows where?

Edited by FL4answer58
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