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Focus receivables management express concent


BTO429
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Focus receivable i think are a jdb.They have an at&t account they say is mine. I think it was for U Verse and I thought I paid it.

Its been about 2 years maybe more since I lived in town where the service was provided.

Any how they tell me that since they have the account they have express consent to call since I signed the contract with at&t it now belongs to them.

I had different phone numbers then. When they call they want me to verify my address before they will talk to me about the account.

I am sure there are trying to figure out if they have the right number or not.

So now the TCPA questions they have called about 5 times. How many calls are you allowed to sue for in one suit.

And do you think I have a TCPA suit?

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Hope this helps.

ACA International, a collection agency and debt buyer organization, requested that the FTC clarify "autodialed and prerecorded message calls to wireless numbers that are provided by the called party to a creditor in

connection with an existing debt are permissible as calls made with the “prior express consent” of the called party."

On January 4, 2008, the FTC issued a Declaratory Ruling. Some excerpts of that ruling:

"A. TCPA Autodialer Prohibition and Prior Express Consent

10. We emphasize that prior express consent is deemed to be granted only if the wireless number was provided by the consumer to the creditor, and that such number was provided during the transaction that resulted in the debt owed."

"B. Predictive Dialers

12. In this Declaratory Ruling, we affirm that a predictive dialer constitutes an automatic telephone dialing system and is subject to the TCPA’s restrictions on the use of autodialers."

"To ensure that creditors and debt collectors call only those consumers who have consented to receive autodialed and prerecorded message calls, we conclude that the creditor should be responsible for demonstrating that the consumer provided prior express consent."

"With this ruling, however, creditors and debt collectors may use predictive dialers to call wireless phones, provided the wireless phone number was provided by the subscriber in connection with the existing debt."

The following link is from DBA International, a debt buyer organization. The same ruling is found on the FTC website. Because this link is in PDF format, it's searchable:

http://www.dbainternational.org/eblast/FCC-TCPA.pdf

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I understand and have read those opinions.

What I am trying to get at is the fact that if you give a number to the OC and they sell it does the jdb retain the express consent the same as the OC?

Or if they assign the debt to a ca does the ca retain those rights also?

They have been calling me asking me to verify my correct address so I am sure they have got my number in the usual way collectors find numbers, and are trying to verify that they have the right person.

I have never given them my consent to call me.

I have told not to call me so if i sue i think i can ask for triplicate damages.

Edited by BTO429
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It really doesn't matter if they were assigned the debt or purchased the debt. Express permission applies either way. CAs would have to show they got the number from the OC, or the OC would have to show that you had given your number to them (OC), and, therefore, they could provide it to the CA..."prior express consent".

Debt buyers step into the shoes of the OC. They would have to prove you gave "prior express consent".

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Gunny - it is my reading of the law that the permission to call is irrevocable and lives with the debt, but the permission to call is ONLY granted to the number given to them. So... if they want to call you at a phone number that was disconnected years ago they have the legal right to do so. Any OTHER number would be a TCPA and possibly FDCPA violation.

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I cant really remember if I was using the number I have now when I was at my former address.

I think AT&T may have my number I have now but I never put it on any contract or gave it them with permission to call, I think AT&T may have got my number when I had to call them for service repair, in other words they captured it.

But like I said I am not sure whether or not I switched numbers before or after I moved.

But I do know that when I signed the papers with AT&T when they installed the service my number was not the one that I use now, that I am sure of.

Looking for what FDCPA laws they may be violating.

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