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Initial contact / dunning letter question


Blinkybambam
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Hi, 

 

I received my first call from a CA today. I let it go to voicemail (it was a robocall), and I'm wondering about some things:

 

1) Are they supposed to send me a dunning letter within 5 days of initial contact?

 

2) What if they send it to my old address? 

 

About my old address - I haven't lived there for three years. Is it their responsibility to find my current address

so that they can send me a dunning letter, or if they just say "well, we sent it to her old address", is that sufficient?

I think it's ridiculous to expect anyone to keep forwarding mail 3+ years after they've moved, and my new address

is listed on my credit report.

 

And about these robocalls - they state the name of the collection agency, that this call is an attempt to collect a debt, and the number to call them back. The number that they want you to call back is a different number than the one they call you from. Is this in compliance?

 

:D Thanks!

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1) Yes

 

2) they can send it to your last known address for them, whatever it is.

 

3) Phone call is in compliance (if they are calling you AND you gave them your consent to receive robo calls).

 

If I don't get a dunning letter within 10 days, I would call them see who they are calling for, and ask for their mailing address. Do not admit nothing just tell them you need their mailing address. Then send a DV letter. Just the 2 line one, not the one that asks for everything but the kitchen sink.

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The consent to call with robo calls is in your card holder agreement (if it's a cc debt), and they will claim they are the new owner. If it's a medical bill they normally put it on the consent for treatment, etc., some hospitals are nice and do it separate, I had one do it that way and I refused consent for robo calls. So you probably did not give them express consent but could have done it in other ways.

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@admin

 

This is from the FCC:

 

Because we find that autodialed and prerecorded message calls to wireless numbers provided by the called party in connection with an existing debt are made with the “prior express consent” of the called party, we clarify that such calls are permissible.

We conclude that the provision of a cell phone number to a creditor, e.g., as part of a credit application, reasonably evidences prior express consent by the cell phone subscriber to be contacted at that number regarding the debt. In the 1992 TCPA Order, the Commission determined that “persons who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given, absent instructions to the contrary.”

The legislative history in the TCPA provides support for this interpretation.

We emphasize that prior express consent is deemed to be granted only if the wireless number was provided by the consumer to the creditor, and that such number was provided during the transaction that resulted in the debt owed.

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I did look over my original agreement, and it did allow for pre-recorded messages, so I guess there's nothing there I can do. I will wait a few more days for a dunning letter, and if I don't receive it by say, next Friday (?) and I continue to get calls from them, I'll contact an attorney and also DV them. 

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Ok, what if you have a wireless land line?  Or a land line that connect to your cellphone?

 

Sorry, you'll need to explain that.  For example, I have a "landline" thru my internet provider.  The phone base station is plugged into my internet modem.  Then I have 5 "satellite" phones thruout the house that speak "wireless" to the base station.  Is that what you mean?

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The court in the Lynn case ruled that the CA had violated the TCPA because Lynn was charged for the VOIP service. 

 

The TCPA's call charged provision (§ 227 (b)(1) (A) (iii)) provides, in full,

    It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—

    (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any [ATDS] or an artificial or prerecorded voice—

    . . .

    (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call [.] (emphasis added).

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The court in the Lynn case ruled that the CA had violated the TCPA because Lynn was charged for the VOIP service. 

 

The TCPA's call charged provision (§ 227 (b)(1) (A) (iii)) provides, in full,

    It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—

    (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any [ATDS] or an artificial or prerecorded voice—

    . . .

    (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call [.] (emphasis added).

 

 

Exactly correct.  When Monarch asked how were they to know that Lynn had VOIP and would be charged for the call, the court essentially said, that was the risk they took in making the call.

 

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