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question regarding what original company creditors can do


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my original company is calling me non stop for late payments which im ok with. but now they are calling anyone and everyone wheither i know them or not telling them that i used them as a credit reference. they call my family members all day at work, home and cell saying they have a right to call but i never used them as a reference. is that legal?

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wow! really! they can call people that i dont even know and tell them that i used them as a credit reference? several friends told me that their parents or a family memeber or a friend of theirs was contacted and was told i used them for a reference. they were so angry with me but i explained i never used them. another thing was they want to know how these people got their info. my sister is called all the time. they leave her messages stating that we are getting into trouble with JAG and the military.

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Guest usctrojanalum

it's unfortunate, but in most states - original creditors have free reign to do as they please with little consequences. you can try to send them cease and desist. some creditors will honor it, some creditors won't.

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Which states can't they do that in?

 

My state's consumer protection code somewhat mirrors the FDCPA and applies to an OC.

 

(i) communicate with a consumer at any unusual time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, it may be assumed that a convenient time to communicate with a consumer is between 8 a.m. and 9 p.m.;

 

(iv) communicate with anyone other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the attorney of the creditor or debt collector, unless the consumer or a court of competent jurisdiction has given prior direct permission;

 

(vii) cause a telephone to ring repeatedly during a twenty-four hour period or engage any person in a telephone conversation with intent to annoy, abuse, or harass any person at the called number;

 

Everyone needs to check their state debt collection laws.

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IMO, document every little detail about what they are doing.  If they keep it up hard enough for long enough, it will eventually rise to the level where you won't have to rely on some consumer law, you will be able to use tort law.  From what you describe, I could already go after them for tortious debt collection in my state. 

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Guest usctrojanalum

Wish more were like that!

 

California has really good laws protecting consumers from OC's as well.  I'm sure there are handful of others, but generally outside of a few states dealing with OC's can be pretty bad.

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The Telephone Consumer Protection Act governs original creditors. Those people that are not YOU can sue them for the unwanted calls.

 

Harassment also governs original creditors. While an OC does not have to follow the fdcpa they can still be sues for harassing phone calls.

 

North Carolina Fair Debt Collection Practices Act § 75 50. Definitions.

The following words and terms as used in this Article shall be construed as follows:

(1) "Consumer" means any natural person who has incurred a debt or alleged debt for personal, family, household or agricultural purposes.

(2) "Debt" means any obligation owed or due or alleged to be owed or due from a consumer.

(3)
"Debt collector"
means any person
engaging, directly or indirectly,
in debt collection from a consumer except those persons subject to the provisions of
Article 70, Chapter 58
of the General Statutes. (1977, c. 747, s. 4; 1989, c. 770, s. 15.)
They do not fall under this definition because Article 70 deals with collection agencies, so they are covered under Act 75-50 as a debt collector.
But article 70 states that

 

Chapter 58, Article 70, All North Carolina “creditors” must utilize an agency that is licensed by permit.

Now if they are using their own in house collections that department, by NC codes has to be licensed as a collection agency which will make the OC's collection dept. a collection agency and any provisions under article 70 will cover them.

 

North Carolina has their own version of the fdcpa and it has provisions that govern original creditors

58-70-100(3) Causing a telephone to ring or engaging any person in telephone conversation with such frequency as to be unreasonable or to constitute a harassment to the person under the circumstances or at times known to be times other than normal waking hours of the person;

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Section 50-70-15 describes companies that are not included in the definition of "collection agency".  It includes banks.  If the OP is referring to a bank, the debt collection laws may not apply.

I reveiwed several attorneys web site from the Op state and they all say it applies to oc"s.

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I should have been more clear.  I was referring to your statement that an original creditor who uses in-house collections would have to have to have a collection agency license.  That's why I made the reference to the definition of a collection agency.  Since banks are not included in the definition of collection agency, that may not be the case.

 

§ 58‑70‑15.  Definition of collection agency and collection agency business.

 

©        "Collection agency" does not mean:

 

(2)        Banks, trust companies, or bank‑owned, controlled or related firms, corporations or associations engaged in accounting, bookkeeping or data processing services where a primary component of such services is the rendering of statements of accounts and bookkeeping services for creditors;

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I should have been more clear.  I was referring to your statement that an original creditor who uses in-house collections would have to have to have a collection agency license.  That's why I made the reference to the definition of a collection agency.  Since banks are not included in the definition of collection agency, that may not be the case.

 

§ 58‑70‑15.  Definition of collection agency and collection agency business.

 

©        "Collection agency" does not mean:

 

(2)        Banks, trust companies, or bank‑owned, controlled or related firms, corporations or associations engaged in accounting, bookkeeping or data processing services where a primary component of such services is the rendering of statements of accounts and bookkeeping services for creditors;

ok I over looked that section. We need the OP to tell us who he borrowed the money from. If it was not a bank, then we have a case,

 

Even though it is an oc and not covered under the fdcpa there are still state laws that govern the oc, and harrasment. We need to explore NC state laws.

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ok I over looked that section. We need the OP to tell us who he borrowed the money from. If it was not a bank, then we have a case,

 

Even though it is an oc and not covered under the fdcpa there are still state laws that govern the oc, and harrasment. We need to explore NC state laws.

 

Agreed.  The OP stated that his sister has messages that include that the OP is in trouble with JAG and the military over this debt.   If he's not in trouble with JAG, the NC Debt Collection Act provides the following:

 

§ 77-51. Threats and coercion.
 

No debt collector shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce. Such unfair acts include, but are not limited to, the following:

 

(3)  Making or threatening to make false accusations to another person, including any credit reporting agency, that a consumer has not paid, or has willfully refused to pay a just debt

 

§ 75-53. Unreasonable publication.
 
No debt collector shall unreasonably publicize information regarding a consumer's debt.  Such unreasonable publication includes, but is not limited to, the following:
 
(1)  Any communication with any person other than the debtor or his attorney, except:
 
d.  For the sole purpose of locating the debtor, if no indication of indebtedness is made;
 
Those are just a couple of the violations that could apply.
 
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