Hi All, There are a bunch of us currently in the same situation right now - (waiting for CA to validate). In my particular case, the CA has not validated but is continuing to call us. They've got about another 10 days before 30 days is up but are calling every other day. In fact they are leaving messages such as: "this is a time sensitive issue, you can reach us at . . " I was earlier under the impression that continually calling after receipt of a Val letter was an FDCPA violation. Now I am reading that it is not necessarily. They must cease collection efforts. However, when this company calls and leaves messages they are not indicating anything specific about collection. Can't they just claim they were trying to reach us to verify our address if I go to call them on the carpet later? We are resisting the urge to call, but should I return their call to specifically ask the purpose of their calls? That way I can confirm they are trying to collect and that they are violating? Advice welcome as always.
Under the right conditions that could be construed as continuing collection activity That is correct. Probably so. I wouldn't do that at all.[/quote] That way I can confirm they are trying to collect and that they are violating?[/quote]They have probably already broken the law several times. You calling them isn't likely to increase the number of times they violate. If they catch you at home and you answer then you can easily make them give full and meaningful disclosure of who they are including full name of the caller and if they don't then that is yet another violation.
Don't forget that there is no law stating they must complete validation within 30 days. We use 30 days as a "reasonable" amount of time for possible further letters and/or court.
(LOL) You got that right for sure, LB. But why go spend the time and the money to sue them if you can scare them so bad they just about have to go home and change their shorts before they can even start to think about what might possibly lie ahead for them?
I am in the same situation. I have reieved a couple calls in reference to a collection accout that they have yet to validate. In my case they still have 2 weeks before the next letter goes out in regards to their vioalations(whether they are or not). You can always beat them to the punch if they say they called to "verify your address", by saying they already did that in a previous call. Maybe it will work, maybe it won't. Good luck. AJ
OK, but what I teach is to handle each and every call exactly the same way to the greatest extent possible. When they call immediately ask the following questions. (1)What is the name of the company you are calling for? Quite often they will say Providian or Cap one or whoever the OC is. So then ask them if they are an employee of that company and on that company's payroll. The answer often is that they work for Scumbag collection agency but they are calling on behalf of the OC. That's an unlawful attempt to misrepresent who they are. Failure or refusal to give full and meaningful disclosure of the caller's identity. Mark it down that way in your diary. (2)What is your company's full address? (3) what is their telephone number (4) What is your name (Harriet) (5) What is your last name?(I don't have to give that to you) See number (1) above. Do you realize that you have just broken two (maybe 3)federal laws while making this phone call? Do you really want to go to prison for 5 years and pay a $10,000 fine before you can get out? Lady, I think you had better just hang up before you really get yourself in trouble. (6) What is your Social Security number anyway? By that time they are usually so flusterpated they just hang up. And the next time they call you do it all over again. And the next time too. (LOL)
Thats right Butch. A good tape recorder and a recording controller is a great investment that will pay you big dividends. I use 2 types of caller ID too. The normal one and one that does a print out on gas station cash register tape. The small rolls. All that good stuff you get at Radio Shack and it works great.
