VLDCA Posted February 1, 2012 Report Share Posted February 1, 2012 (edited) I was just wondering if the Rosenthal FDCPA has to be included when an atty sends a collections letter? The atty letter I received did not include this like the collections letters I have received. Would this be a violation? I did send a DV letter to him over a mth ago. No response yet. Is there a time limit on DV responding in CA? TIA!! Edited February 2, 2012 by VLDCA Link to comment Share on other sites More sharing options...
1stStep Posted February 1, 2012 Report Share Posted February 1, 2012 There's no time limit to answering a DV...with that being the case, I give them no more than 30 days before sending a letter letting them know they failed to validate and to cease collection efforts...It's been good for getting 1 or 2 violations out of a CA... Link to comment Share on other sites More sharing options...
VLDCA Posted February 1, 2012 Author Report Share Posted February 1, 2012 There's no time limit to answering a DV...with that being the case, I give them no more than 30 days before sending a letter letting them know they failed to validate and to cease collection efforts...It's been good for getting 1 or 2 violations out of a CA...You're 'always' Awesome!!!! Thank You!! Link to comment Share on other sites More sharing options...
VLDCA Posted February 1, 2012 Author Report Share Posted February 1, 2012 BTW this is an atty in AZ. I'm in California. Should I still send a Cease letter? Link to comment Share on other sites More sharing options...
1stStep Posted February 2, 2012 Report Share Posted February 2, 2012 Of course...Who's the attorney? Just curious. Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 Wayne P. Marsh out of Sun City AZ.Any thoughts? Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 the letter is here:http://www.creditinfocenter.com/forums/collections/310673-got-letter-attorney-today-re-old-debt-what-should-i-do.html Link to comment Share on other sites More sharing options...
1stStep Posted February 2, 2012 Report Share Posted February 2, 2012 I believe he does need to mention Rosenthal...I think you've got a violation of Rosenthal right there... Link to comment Share on other sites More sharing options...
1stStep Posted February 2, 2012 Report Share Posted February 2, 2012 He can't file suit...he's not admitted to the bar. Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 He can't file suit...he's not admitted to the bar.WTCrap?? Is he in training? LOLSo should I file a lawsuit against this bozo? Not sure how, I know you guys will show me the way...hehe8] Link to comment Share on other sites More sharing options...
1stStep Posted February 2, 2012 Report Share Posted February 2, 2012 Sure why not?? Give him a primer on the Rosenthal FDCPA... Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 I believe he does need to mention Rosenthal...I think you've got a violation of Rosenthal right there...I've been reading up & I believe he does have to include this w/ his letter. All the collections letter I receive in the mail contain this. hmmmmm Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 Sure why not?? Give him a primer on the Rosenthal FDCPA...LOL!!!! Will do! Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 CRAP! I found him he's admitted to the State Bar of Arizona October 5, 1974! Link to comment Share on other sites More sharing options...
BV80 Posted February 2, 2012 Report Share Posted February 2, 2012 I found this:1788. This title may be cited as the Rosenthal Fair Debt CollectionPractices Act.1788.2. (a) Definitions and rules of construction set forth in thissection are applicable for the purpose of this title. © The term "debt collector" means any person who, in theordinary course of business, regularly, on behalf of himself orherself or others, engages in debt collection. The term includes anyperson who composes and sells, or offers to compose and sell, forms,letters, and other collection media used or intended to be used fordebt collection, but does not include an attorney or counselor atlaw.If Rosenthal doesn't define attorneys as debt collectors and doesn't apply to attorneys, perhaps that's why he didn't include it. Link to comment Share on other sites More sharing options...
VLDCA Posted February 2, 2012 Author Report Share Posted February 2, 2012 OMGosh thank you for finding this for me. I appreciate it! Makes sense. Thank You!!! Link to comment Share on other sites More sharing options...
bad98roadster Posted February 2, 2012 Report Share Posted February 2, 2012 If the letter was a first dunning, the FDCPA 30 day language and the Rosenthal language both are required.Debt collection Attorneys are liable to the FDCPA in CA.Attorneys do have to abide by the Rosenthal Act as it's referenced in the Section 6077.5, but you don't have a private right of action to collect if they violate. The attorney would be disciplined by the State Bar of California if you file a complaint and the bar finds that they violated.California Business and Professions Code Section 6077.5 - California Attorney Resources - California LawsRead through this publication for more detailed information:Fair Debt collection Practices Statues: Legal Guide DC-2 - California Department Of Consumer AffairsThis is a link to file a complaint against the attorney for a violation:Lawyer RegulationPM me the Law Firm you're dealing with if you like, I may be able to help. Good luck! Link to comment Share on other sites More sharing options...
1stStep Posted February 2, 2012 Report Share Posted February 2, 2012 CRAP! I found him he's admitted to the State Bar of Arizona October 5, 1974!But he's not in California, so don't worry too much about being sued by him. Link to comment Share on other sites More sharing options...
BTO429 Posted February 5, 2012 Report Share Posted February 5, 2012 On July 9 1986 President Reagan Signed house bill (Pub. L. 99-3610) into law. this law appealed section 803(6) which defines a debt collector.Section 803(6) defines "debt collector" as a party "who uses any instrumentality of interstate commerce or the mails in . . . collection of . . . debts owed . . . another." 1. Examples. The term includes: Employees of a debt collection business, including a corporation, partnership, or other entity whose business is the collection of debts owed another. A firm that regularly collects overdue rent on behalf of real estate owners, or periodic assessments on behalf of condominium associations, because it "regularly collects . . . debts owed or due another." A party based in the United States who collects debts owed by consumers residing outside the United States, because he "uses . . . the mails" in the collection business. The residence of the debtor is irrelevant. A firm that collects debts in its own name for a creditor solely by mechanical techniques, such as (1) placing phone calls with pre-recorded messages and recording consumer responses, or (2) making computer-generated mailings. An attorney or law firm whose efforts to collect consumer debts on behalf of its clients regularly include activities traditionally associated with debt collection, such as sending demand letters (dunning notices) or making collection telephone calls to the consumer. However, an attorney is not considered to be a debt collector simply because he responds to an inquiry from the consumer following the filing of a lawsuit. 2. Exclusions. The term does not include: Any person who collects debts (or attempts to do so) only in isolated instances, because the definition includes only those who "regularly" collect debts. A credit card issuer that collects its cardholder's account, even when the account is based upon purchases from participating merchants, because the issuer is collecting its own debts, not those "owed or due another." An attorney whose practice is limited to legal activities (e.g., the filing and prosecution of lawsuits to reduce debts to judgment). 3. Application of definition to creditor using another name. Creditors are generally excluded from the definition of "debt collector" to the extent that they collect their own debts in their own name. However, the term specifically applies to "any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is" involved in the collection. A creditor is a debt collector for purposes of this act if: He uses a name other than his own to collect his debts, including a fictitious name. His salaried attorney employees who collect debts use stationery that indicates that attorneys are employed by someone other than the creditor or are independent or separate from the creditor (e.g., ABC Corp. sends collection letters on stationery of "John Jones, Attorney-at-Law"). He regularly collects debts for another creditor; however, he is a debt collector only for purposes of collecting these debts, not when he collects his own debt in his own name. The creditor's collection division or related corporate collector is not clearly designated as being affiliated with the creditor; however, the creditor is not a debt collector if the creditor's correspondence is clearly labeled as being from the "collection unit of the (creditor's name)," since the creditor is not using a "name other than his own" in that instance. Link to comment Share on other sites More sharing options...
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