I sent a DV to JDB via email. It got to the right department. it said this: Prove it, or remove it. This is a follow up message that I faxed you 2 days ago saying do not call me. 2 days later you called me and left a message from a tel listed to you. You have not validated Do not violate my federal rights......you may not call my tel number. You have failed to validate, you have contacted me via phone after I stated not to. Remove the NTL from my file or I will sue you. Today the response email is: We received an email from you. We don't usually reply to emails but we would like to speak with you. Please call me at 1800NoWay to discuss. This is a debt collector we are trying to collect a debt. I need recommendations on next step. I have direct and full attention of right folks at JDB.
I typically call, but from a payphone, and make it clear that I am only discussing their settlement of the FDCPA violations.
I guess I will give that a shot Jam. I have the one FDCPA violation when they called me after I stated do not call me. Is there anything there for the email saying???"Hey we got your email, call us up"...."We are collecting on a debt, we are debt collectors".
Nope, because they are required to make the mini-miranda notice on all communications. Now, if when you call, they make it clear that the purpose of the call is to collect the debt, THEN you have an additional violation (but under the FDCPA, you could have a million violations on one account, and it'd be the same amount of damages - unless there are actual damages.)
Hmmmm. then maybe I have no Violation in the first place. The caller left no info other than this is notice for numbskull, please call us at...874-1212-9876. When I search that number it reports as a local subsidiary JDB of Major JDB in other locations.
If they called you for any purpose after being told that calls are inconvenient, it's a violation. The difference here, is they're asking for YOU to call, when its convenient. (And hopefully for the purposes of negotiating a settlement of litigation - IF they are soliciting you to call back to be collected FROM, then I would argue that it's another form of inconvenient communications. )
As long as they DON'T attempt to try to collect in the call. IF they do, they are violating the FDCPA yet again.
