leeannthehorse Posted December 15, 2014 Report Share Posted December 15, 2014 I have a blatant FDCPA violation case and am seeking advice on the best way to handle it. I send a DV letter with the explicit statement not to be contacted via phone. After receiving the letter, the CA called my mother's phone number and left a message. I have proof of all these. Any suggestion for a lawyer or procedure to follow? Thanks in advance. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted December 15, 2014 Report Share Posted December 15, 2014 Go to www.naca.net and search for a NJ lawyer who does FDCPA work. You can call a few and get their opinions on your case for free. I recomend an attorney, since most will do FDCPA cases for no cost to you and many times they can get a quick settlement without needing to file in court. Quote Link to comment Share on other sites More sharing options...
willingtocope Posted December 15, 2014 Report Share Posted December 15, 2014 The CAs really doesn't have to abide by the "all calls are inconvenient" comment. However, if the message they left at your mother's said something about attempting to collect a debt, and, you have it on tape, you might have a case. Look at www.naca.net for a lawyer near you. Most will give free consults... Quote Link to comment Share on other sites More sharing options...
leeannthehorse Posted December 15, 2014 Author Report Share Posted December 15, 2014 When I called the agency to settle, they were totally apologetic and stated that someone had really screwed up. Quote Link to comment Share on other sites More sharing options...
willingtocope Posted December 15, 2014 Report Share Posted December 15, 2014 Did they take your money anyway? Quote Link to comment Share on other sites More sharing options...
leeannthehorse Posted December 15, 2014 Author Report Share Posted December 15, 2014 The agency? Yes, they settled at 45%. Quote Link to comment Share on other sites More sharing options...
Rogue198 Posted December 15, 2014 Report Share Posted December 15, 2014 If the message was explicitly about your debt then you've got a case, if it was attempting to obtain location information (i.e. your home phone, address, place of employment) then probably not especially if it was before or around the same time they would have recieved your letter. They can and will probably be able to claim bona fide error especially since you proceeded to pay the debt. But hey, consult with an attorney, you've got nothing to lose. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 15, 2014 Report Share Posted December 15, 2014 @leeannthehorse What was said in the message left for your mother? In regard to your demand that they cannot contact you by phone, the FDCPA only says that they can't call at times known to be inconvenient. It doesn't say that you can limit HOW a JDB can contact you. Quote Link to comment Share on other sites More sharing options...
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