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Admissions in public records of how we violate the FDCPA


KentWA
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I was researching the latest CA to stupidly violate my rights. I was fortunate enough to find a contract proposal online for providing collection services to a city. In this proposal they show how they have a processes in place to violate the FDCPA! The most glaring was that if they receive a Refusal to Pay, they place the consumer back into the phone queue to receive more calls. Then there is the extra special one, where they state that if a consumer disputes a debt, they demand proof from the consumer.

 

ftp://ftp.austintexas.gov/Public_Information_Requests/Redacted%20Proposals/MSB%20Proposal_Redacted.pdf

 

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Huge money maker for the city and msb,looks like they use every resource available in collecting accounts.

MSB records 100% of

all inbound and outbound calls. All recordings pertaining to

AE's accounts will be made available upon request via emailed wave files.

 

 

 

 

I believe I was already arrested for this court fine(s) that is listed in the letter you sent me, what do I do now?

In most cases you would need to verify with the court that you did get timed serve for the particular case number(s) listed on the letter you received. There are some instances where you may have received partial credit and only some of the violations were dismissed and still owe the others. If you did get time served credits try and obtain a copy of the dismissal to provide proof. There are some courts that do not issue time served credit even if you were arrested for the fine(s) owed you will be required to pay the fine(s). Please call our Court Collections Department to inquire on what steps you need to take to resolve your case(s) with the court at 1-800-616-0166.

I just received a letter from your company that I owe a debt, how do I dispute the charge?

You have 30 days from the date on the initial letter that you received to dispute the debt before it gets reported to the three major credit bureaus. It is always best to contact our Debt Department at 1-800-866-9436 to answer you questions and assist you in resolving your debt.

Do I have a warrant for my arrest, and is my license suspended?

We would have to look at your individual case(s) to determine that. Although a good portion of cases we receive are in warrant status, there are some courts that will suspend driver's licenses instead of issuing a warrant. As well as, some courts that send us cases that are not in warrant status for a variety of reasons. The easiest way to find out is to contact our Court Collections Department at 1-800-616-0166 or contact the court directly.

 

 

 


 

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"The most glaring was that if they receive a Refusal to Pay, they place the consumer back into the phone queue to receive more calls."

 

Yep that's a good one.  That is the violation I'm having my depo on Saturday for because they "put me back in the phone que" and somehow thought I had to tell them why and explain things to them.  Latest offer of 7.5K to settle has been rejected and they don't know what to do.  

 

Now I do like what you found because this sets up a nice class action.   I love it when the collectors try to put their spin on the law or apply what they think is a common sense approach and I just say "see you in court asshat"

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 I was fortunate enough to find a contract proposal online for providing collection services to a city.

 

 

If you intend to use this as evidence, you will probably have to figure out a way to get a certifed, verified, authentified, showed them and they cried, copy of this. They will never agree to give it up, they'll cite every proprietary / privacy / attorney-client privilege / work product BS excuse in the world and unfortunately, they will probably win. Their last resort may be the civil version of the Fifth Amendment, where a civil litigant is not obligated to produce anything that would criminally implicate them. No court is going to accept something that was downloaded off the internet. They will also argue that their past performance is irrelevant to the case at hand. You have a hard fight ahead with this one.

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Would you please cite the authority for this quote?

 

The Fifth Amendment privilege against self-incrimination "applies alike to civil and criminal proceedings," McCarthy v. Arndstein, 266 U.S. 34, 40, 45 S.Ct. 16, 17, 69 L.Ed. 158 (1924).

 

The privilege "applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it"). id.

 

It just means that if an answer could criminally implicate the person giving the answer, that person can claim the Fifth.

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