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Is this a violation of FDCPA?


BeachesandBeer
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I recently had one of my debts turned over to Global Credit& Collection. There are 2 letters they sent each with the company name visible through a window on the envelope under IMMEDIATE ATTENTION REQUIRED! Now here it says:

 

http://www.law.cornell.edu/uscode/text/15/1692f

 

 

 

(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

 

To me that is a violation showing the word Collection and no other company so far in almost 2 years has done anything like this. So am I right and if so is each instance an individual violation? Thanks.

 

 

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There are a few window envelope cases favorable to your position. For example:

 

 

 

15 U.S.C. § 1692f(7) states that it is a violation of FDCPA to communicate with a consumer regarding a debt by post card. 15 U.S.C. § 1692f(8) states that using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. The purpose of these two sections is dearly to prevent sensitive information about debt collection from being disclosed to third parties. Debtors Exhibit 7 shows that Armada disclosed sensitive information by sending a window envelope where anyone seeing that envelope could see the statement "You have a total of $1,278.04 owing at this . . .". The Court finds that Armada violated both 1692f(7) and 1692f(8) by mailing this window envelope disclosing this language. In re Hodges, 342 BR 616 (Bankr. ED Wash. 2006).

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Click on the image to enlarge.......

 

post-90325-0-42844700-1366121375_thumb.jpost-90325-0-50182600-1366121395_thumb.jpost-90325-0-96703400-1366121421_thumb.j

 

Looks to me like they violated for sure. They can only show the business name if it does not indicate they are in collections. After reading about debt collector practices it appears this is done intentionally. It might be wise for anyone else to keep letters from Global for future FDCPA suits. Am I under any obligation to take action in a timely manner or can I collect envelopes indefinitely?

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