FDCPA - Claims

[Weary Traveler]

Just an opinion on Arbitration related claims. Dollar amounts are examples only.

If Debt Collection Attorney sends you a letter stating:

You own our client $14,000.

You DV and elect arb, then they respond (ignoring arb election) and state you own our client $15,250.

Then you get a billing statement from the OC stating you own us: $12,800.

Did the Debt Collector misrepresent the amount of the debt? And is this a violation?

Thank You!

[Linda7]

Just an opinion on Arbitration related claims. Dollar amounts are examples only.

If Debt Collection Attorney sends you a letter stating:

You own our client $14,000.

You DV and elect arb, then they respond (ignoring arb election) and state you own our client $15,250.

Then you get a billing statement from the OC stating you own us: $12,800.

Did the Debt Collector misrepresent the amount of the debt? And is this a violation?

Thank You!

I would certainly use it as a violation. Maybe even your state consumer laws, etc. You can't use FDCPA on an original creditor. However, their collectors or attorneys could fall under that. I'd also check into the Rosenthal act.

I see you're in California. I'd check with Bad98roadster and any others that are from your state.

Edited November 6, 2012 by Linda7

[Weary Traveler]

I would certainly use it as a violation. Maybe even your state consumer laws, etc. You can't use FDCPA on an original creditor. However, their collectors or attorneys could fall under that. I'd also check into the Rosenthal act.

I see you're in California. I'd check with Bad98roadster and any others that are from your state.

In California, under the Rosenthal Act, OC's are held to the same standard as debt collectors or JDB's. If it was a JDB, what would the FDCPA violation be?

[1stStep]

1692e - misrepresentation