http://www.directdebtcollections.com/state_list.html helps you decide what they can do in your state http://boardserver.superstats.com/r...700&u=kaulkin&id=988&thread=967&f=1&u=kaulkin interesting post on another board. Looks like these cases are powerful not only in suing CAs but also the employees themselves.
Check out this thread..It has the validation letter on it and a Bbauer answer... http://boardserver.superstats.com/r...ulkin&id=1170&loc=0&thread=1170&f=1&u=kaulkin
EXCELLENT!!! Been lookin for an excuse to go after individual collectors. That's a HOT way to win this battle. Sue both the CA and the collector. When ya win, suggest that the CA take it outta the collectors salary. Tell them they can internally garnish the collectors wages at the rate of 25% of the take home. buwahahahaa ~
On second thought this article is worth a post here. The laws are getting awfully tough on collectors these days. There are so many laws out there it's almost impossible to keep up with them all. And miranda isn't the only one by a long ways. Some courts have even ruled that the employee is equally liable for his actions and failure to obey some law or other and debtors have sued individuals for many different violations of the law. Many of them have been obscure clauses or sections in the law that they were never taught by their employers. Often times the employee gets sued and ends up with a judgement against him that he will never be able to pay off. Awards have run as high as $100,000 against the employee and also against his employer in separate suits over the same violation. While such suits against employees are not all that frequent they do happen. Debt collectors often think that FDCPA or FCRA does not allow more than $1,000 per violation but since the 9th Circuit Court of Appeals ruled in Nelson v. Chase Manhattan that individuals are no longer bound by the old thinking and can sue for such violations in their own names rather than having to rely on governments to do their suits for them as many once thought. That pretty well opened the floodgates and the damage awards are becoming fierce for just about any violation whatever. It's getting dangerous indeed to be in the debt collection business unless you really have an ongoing training program. Even attorneys are getting sued for violations of FDCPA, FCRA, GLBA and many other laws. Many attorneys are not all that aware of the fact that they too are liable under those laws and must follow their mandates. When attorneys get sued they can be held liable for unlimited damages if found to be in violation of the law. And with the advent of the internet, debtors are becoming a lot more educated than ever before and are often much more aware of their rights and how to demand and enforce them. It's getting so now that if the debtor appears to be more knowledgeable than your average debtor the best thing to do is to just return the debt to the creditor and take it off the debtor's credit reports than it is to take any chances with them. And if you have purchased the debt you are still liable for any violations. Some debt buyers imagine that their having bought the debt puts them in the shoes of the original creditor but that is simply not the case. GLBA states that quite plainly and says that there can be one and only one original creditor. Re-aging the debt is also a very dangerous thing to do, even by accident. The FTC fined a collection agency in California $2 million dollars because they reaged the debts causing the report to stay on the debtor's for more than the 7 years allowed by law. Some attorneys are now actively seeking collection agency violations to pursue for huge and lucrative damage awards.
Especially: "GLBA states that quite plainly and says that there can be one and only one original creditor." From above. Quite a few people have been getting very abusive calls lately from collectors. In one post the poor girl said that even after alerting the CA of her C&D she'd faxed, the collector said; "I'm not bound by the law so I'm gonna call you day and night until you pay". This stems from collectors being told that since the CA purchased the debt they become as the OC, and are immune. NOT SO Who knows GLBA well enough to find this???
Butch, You are exactly right. The attorney that I talked to said that he can get 5k pper inquiry. Charlie
§ 803. Definitions [15 USC 1692a] As used in this title -- (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. If they are not a creditor then they are not enjoy exclusion from the definition of debt collector
The law also clarifies this by stating that when a company purchases a debt that was in default at the time, they are bound by the FDCPA. This was the dividing line between the sale of accounts from one bank to another, which would keep the banks immune from the FDCPA and futher defined that the CA acting as an OC (Marlin, Medclr, et al) is still bound by the FDCPA!
there's another very interesting post in there about a debtor getting a judgment set aside (and thus removed from the credit reports) because they went to a judge and used 11.5 of the bk code... while that's not what it's intended for.. the ca makes note that judges can interpret how they want to and thus... the debtor got it off their reports (that's the bk section that voids judgments that go through bks) it is fun reading collectors whine I also agree that if you have an abusive situation or one where there's a fraud account... I'd now go after the individual collector and the collection manager... personally. Mail fraud, rico, fraud, fdcpa, fcra violations. I'd now try to get them arrested... and then I'd sue them for harassment too...
I forgot to add. Someday you are going to try and screw a debtor that knows the FCRA and FDCPA by heard and you will be burned badly. I have seen on some forums where debtors are hiring one of the 'BIG 3' consumer protection attorneys and they are destroying little jerkoffs like yourself. ================= I liked this post fron that site.
Bill really gives these people too much info. But its not like they are going to head his advice. They hope they come accross the meek person who will just settle. Tell you what, I don't open a collection letter before sending out validation. Every single one of these CA violate a law or when they get validations. We know they don't contact the OC. They think the debt is theirs and that's that. This is our time to paypack these guys for all the people that they have robbed. Just go to their site and see the millions of dollars in profit they make. that is our money. let's get it back!!
