I talked to a lawfirm today regarding a bill they allege I owe. They have forwarded this bill to a CA who I have sent a validation letter to. In talking to the lady at the billing dept of this law firm, she stated that she is aware that I have other debts with the CA. I asked her how she knows. She stated that they told her when she was in contact with them a while back. All the while I have this recorded. I then called the CA (stating clearly that this call was being recorded), and informed the Manager there that he had violated the FDCPA law regarding 3rd party communications. He stated rather nervously that he don't see it as a violation of the FDCPA 3rd party communication because this law firm is his client/he is there client, don't quite recall which. Does this not constitute a violation of the FDCPA regarding 3rd party contact/communication? I then offered 2 options to him. 1. Send me a check for $1000.00 2. Settle the amounts with your CA for a deletion of all info reported to the CRA's. Help! I think I may have something here. SnakeMan
You are absolutely correct. Yes, the law firm is the client of the CA, FOR THE LAW FIRM'S ACCOUNT ONLY. So, any communication between the CA and the law firm regarding the law firm's account is permissible. Discussion about any OTHER debt is specifically prohibited by FDCPA. I would have handled it slightly differently. I would have sent an ITS letter to the CA for unlawful disclosure and then filed suit if they did not send the 41000 demanded in teh ITS letter. While the suit is pending you can always negotiate a settlement. The filing of the suit turns the threat into reality, so your threat to sue has a lot more credibility.
Also I forgot to mention, the guy from the CA in response to me asking for a settlement/deletion in exchange for me not pursuing legal avenues for his FDCPA violation said to put it in writing and he will have his law firm (the one mentioned above) respond. SnakeMan
Thanks a bunch. Just wanted confirmation of my situation. I love this Forum!!!! SnakeMan.....on the offensive!
§ 805. Communication in connection with debt collection [15 USC 1692c] (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Looks like is legal for the CA and their attorney to discuss your debts
Oh i see Flyingifr's point above, that makes sense! I was looking at it the same way the CA manager was
I'm confused now. Which is it? I owe a debt to the CA. This debt owed is from the law firm. I found out that debts this CA has for me (which have nothing to do with this law firm)...are at the very least being communicated to people at this law firm with the statement "I understand that you have other debts at this CA". If this isn't 3rd party communication then I'm really surprised. SnakeMan P.S. Can anyone point me in the right direction if I wanted to see a sample ITS letter for a CA regarding something similiar to this??? Thanks in advance
If they communicated it to the attorney that you OWE that you have other debts, then that sounds like a 3rd party communication.
09/23/2003 SnakeMan BLa BLa BLa Always Forever Accounts Receivables Solutions P.O. Box 184 301 N Clinton St Johns MI 48879 David A Mageli, This letter is notice to you that I plan on filing suit against your Collection Agency for violations of the FDCPA in accordance with the FDCPA 3rd party communication regulations. In a conversation with me on 09/23/03, Amy from the billing department of Hubbard Fox Law Firm has informed me that you have been communicating debts with her that you claim I owe your agency. The law firm is the client of the Collection Agency, FOR THE LAW FIRMâ??S ACCOUNT ONLY. Any communication between your collection agency and the law firm regarding the law firmâ??s account is PERMISSIBLE. Discussion about any OTHER debt is SPECIFICALLY PROHIBITED by the FDCPA. Amy from Hubbard Fox Law Firm specifically stated that â??I understand that you have other accounts with them alsoâ?. When I asked her â??how would you know thatâ?? She stated â??because Iâ??ve talked to themâ?. She then further stated that â??I donâ??t know what the accounts areâ?. 804. Acquisition of location information [15 USC 1692b] Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall â?? (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer. (2) not state that such consumer owes any debt. 805. Communication in connection with debt collection [15 USC 1692c] (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Because of your complete disregard for the law, I will be seeking damages for the following; 1. Defamation of character 2. Unlawful disclosure 3. FDCPA 813. Civil Liability [15 USC 1692k] Section (2) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000. I intend on filing suit against you in 15 days unless you contact me by phone or mail in regards to your violation of the FDCPA. I am willing to settle this matter out of court if you respond within the time frame I have given. In a agreement to settle, I would be willing to settle the accounts that you allege I owe and discontinue any lawsuits against your company, and relinquish my right to collect $1,000 from your company for each FDCPA violation, in exchange for settlement of the alleged debts and complete deletion of all account references to these debts made to all three major Credit Reporting Agencies. Thank you in advance, SnakeMan What do you think of the letter ? I need your opinion Also, do I sign this letter?
Re: Re: 3rd party communication today!! 7 days from date of confirmed delivery finish it after the contact time period. Don't give them any info on how your willing to settle. How many bills do they have, and what is the total?
Re: Re: 3rd party communication today!! how many bills? total? 4 bills and a total of $1523.67 I just settled with a OC they had listed which isn't included in the above total. They settled a $280 debt for 60 bucks. Why? what are you thinking?\ SnakeMan
Re: Re: 3rd party communication today!! LOL - you tickle me. I have images of alot of people on here, and I see you as a combination minpin and a bull in a china shop. Minpins, at the slightest noise are all over the place scitzing and barking and yelling ready to tear into whatever made that noise, and it matters not whether it was a knock at the door, or a piece of ice clinking in a glass. Anyway to your question - If you sue, without other damages, the most you would probably see is $1000. I wanted to make sure you weren't throwing 1K possible at a $10K debt. $1500 your in the ballpark to make this all go away. Who is the CA? (no hidden agenda in this question, I'm just curious).
Re: Re: 3rd party communication tod I like the letter. That was my opinion Sign the letter, but use something in the signature that isn't the way you sign. This can be a circle to dot your i, or some odd longer stretch at the end of a word, or something else where it is legally your signature, and if they have original signed documentation it would match close enough to make them sure it is the same signature that they have, but the odd thing in the signature will allow you to quickly spot it if they try and artifically move the signature to something else. I've got to give credit where credit is due, the signature answer here was taken from JLynn in a different post, I just liked her response, and it basically followed my thoughts on the same matter. ChrisB
Re: Re: 3rd party communication tod Thank you for your help, I appreciate it. Just wondering if there is a reason why you're saying not to put the settlement info in the letter. The CA is listed at the top of the letter. Just need feedback on this, I'd like to settle for deletion. I'm not trying to collect on the implied amount from violations, just want some leverage is all. I was actually planning on paying the debt in full in exchange for me to drop lawsuit or not sue and for them to remove negatives from my bureau. Whatcha think now? Moo
Re: Re: 3rd party communication tod "In negotiations, he who speaks first loses". Don't give them anything to work with. Let them call you on the defensive. They have no idea what you want, and no way to formulate a plan ahead of time.
