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15 FDCPA Violations pertaining to OC's and CA's


Hal Jordan
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from About.com http://credit.about.com/od/debtcollection/tp/fdcpa-violations.htm

The Fair Debt Collection Practices Act, FDCPA, dictates how debt collectors can act when collecting a debt from you. These are things a debt collector can't do. If you need to reference the law, citations have been provided.

1. Ask you to pay more than you owe

The collector cannot misrepresent the amount you owe. [15 USC 1692e] § 807(2)(a)

2. Ask you to pay interest, fees, or expenses that are not allowed by law

The collector can't add on any extra fees that your original credit or loan agreement doesn't allow. [15 USC 1692f] § 808(1)

3. Call repeatedly or continuously

The FDCPA considers repeat calls as harassment. [15 USC 1692d] § 806(5)

4. Use obscene, profane, or abusive language

Using this kind of language is considered harassment. [15 USC 1692d] § 806(2)

5. Call before 8:00 am or after 9:00 pm

Calls during these times are considered harassment. [15 USC 1692c] § 805(a)(1)

6. Call at times the collector knew or should know are inconvenient

Calls at these times are considered harassment. [15 USC 1692c] § 805(a)(1)

7. Use or threaten to use violence if you don't pay the debt

Collectors can't threaten violence against you. [15 USC 1692d] § 806(1)

8. Threaten action they cannot or will not take

Collectors can't threaten to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit when the collector cannot or does not intend to take the action. [15 USC 1692e] § 807(5)

9. Illegally inform a third party about your alleged debt

Unless you have expressly given permision, collectors are not allowed to inform anyone about your debt except:

your attorney

the creditor

the creditor's attorney

a credit reporting agency

your spouse

your parent (if you are a minor)

[15 USC 1692c] § 805(B)

10. Repeatedly call a third party to get your location information

The collector can only contact a third party once unless it has reason to believe the information previously provided is false. [15 USC 1692b] § 804(1)

11. Contact you at work knowing your employer doesn't approve

A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t approve of these calls. [15 USC 1692c] § 805(a)(3)

12. Fail to send a written debt validation notice

Within five days of the collector's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [15 USC 1692g] § 809(a)

13. Ignore your written request to verify the debt and continue to collect

A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(B)

14. Continue to collect on the debt before providing verification

After receiving your written dispute, the collector must stop collecting on the debt until you have receieved verification. [15 USC 1692g] § 809(B)

15. Continue collection attempts after receiving a cease communication notice. If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions. [15 USC 1692c] § 805©

Edited by Hal Jordan
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Define calling repeatedly, can anyone tell me? IS 3 calls a day a violation or does it have to be greater than that?

No one here probably can. As it would be different for each case and all up to interpretation by a judge since there is no exact number written into the law. I'm sure you could probably find a case somewhere for precident using google but you'd still have to convince your judge in your particular case. Here is the way the law reads "(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

I would guess that three times on one day isn't bad but 3 times a day for a month would be. I can't imagine a judge not deeming 100 phone calls per month as excessive and harrasing. But 3 calls a day a couple of days a week probably wouldn't get a sympathetic ear.

Edited by Hal Jordan
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If they commit this violation:

"13. Ignore your written request to verify the debt and continue to collect

A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(b)"

Can they continue to report it to the CRAs?

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I have a situation, and could used some guidance. I have began receiving calls from Receivable Performance Management about 2 - 3 months ago about Continental Finance. Very rude people for the most part, with a few exceptions (by the way, I've recorded a lot of conversations with them). Anyway this is my problem, I ask for proof of the debt and I get told that it was mailed to me, and they rattle off some dates. I ask where they mailed the proof to, and this is the funny part, they give me an address I haven't lived at in 10 years, and was never associated with the account in question. So yesterday I DV'd them CMRRR (acctually I DV'd the CEO, the Vice President of Operations, and the Director of Operations) requesting validation as well as how they figure the balance, considering the balance has almost doubled in about two years.My question is, considering they don't have the right address for the account(by their own admission they used a skip trace to get the one they have) how hard would you fight the CA?

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I received a settlement for a CA calling 2x a day and leaving a "non meaningful disclosure" message.

I was keeping a sporadic phone log when I first started and have calls of 3x a day for a week from one collector.

In the begining I did not understand what really constituted a violation of FDCPA and probably could have paid off most of my debts with settlements if I had.

I cannot stress enough for the new folks coming onto the board the importance of keeping a phone log and sending DV letters. documenting everything you do, what they send you, recording the calls etc. It can really save your bacon and solve many problems as you go through this.

Don't settle with just getting them to stop calling, its not enough because they or someone else is probably going to come after you down the line. Preparation and documentation on your part is CRUCIAL and it can give you the leverage you need to beat this.

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I have been trying to get negative TL removed for almost a year and I have reached a dead. I have studied and followed FDCPA and FRCA and have been met with absolute defiance from both CRA and CA. I don't want to discourage anyone, but I think FCRA and FDCPA is a joke. The FRCA and FDCPA code is too vague and that is why CRA and CA ignore the law and I don't see much recourse.

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