My mother got a call today from a CA that I have a Circuit City/FNANB account to pay. He left a message on the answering machine that, "I got merchandise and didn't pay for it, which is a 1st degree felony, and the Circuit City has decided to pursue this as a legal matter." I searched my records and I found that I had disputed this item off my credit reports in 9/2000. The old credit report said it was 90 days late in 1998. Is this a violation of the FDCPA? The statute of limitations must be up on that anyway. I've never gotten a call treatening criminal action so it has me concerned. What should I do?
Save that message... Take a tape recorder, copy it to a tape and keep it locked in your safety deposit box. #1, unless it was a bad check; OR you obtained the CC out of FRAUD, not paying an account is generally not any type of crime. And even THEN, unless the company ROUTINELY prosecutes the same crime criminally, it is a violation. This appears to be the 6th year, depending on what state you live in, it may or may not be out ot the SOL for your state. But your SOL to sue them for the phone call is ONE YEAR from the date of the violation. http://www.ftc.gov/os/statutes/fdcpajump.htm News Releases For Release: May 16, 2003 New Jersey Debt Collectors Charged with Illegally Threatening Arrest and Prosecution of Consumers
The first thing to do is call a lawyer. If they threaten an action that they have no intention of taking or can't take, they're in violation. They have to convince a DA to file criminal charges. If they're threatening that, they'd better have already talked to the DA. I doubt that they have. Also, what is the SOL? If it's past SOL, surely they can't take criminal action. If they do, countersue. If they take civil action and it's past SOL, you can get their suit dropped. I'd still think about suing them anyway for defamation or whatever your lawyer can come up with.
I guess I was typing at the same time as jam237. That's good advice--save the tape. As I said, I seriously doubt that they've contacted the DA. If they have, hopefully they got laughed out of the office.
Could it be considered criminal if you get the card, used it and never made a single payment? BTW I know this isn't the case for Circuit City. It was truely a bogus account. I NEVER shopped at Circuit City and it was deleted on the first round of letters back in 2000. Not to mention they called my mother's phone number. Why they called he is beyond me. I did get the recording on tape. I should sue. It caused my mother alot of distress, and she's not in good shape. Should I call and find out who called me? I guess I should also get his supervisors name. I have a tape recorder that emits a beep tone every 15 seconds so I guess I should record that call as well.
Notice that the threat of criminal action is a violation of the FTC Act, not just the FCRA. That's why I think there is more than just the typical violation here. You should probably contact the FTC right now.
Your mother may also have a cause of action. They've caused her distress. Of course, this is causing you all sorts of distress and pain and suffering, isn't it? You might want to talk to a lawyer before you call back. You don't want to unwittingly do something to hurt your case later.
Re: Re: CA Threatened CRIMINAL Action First payment default doesn't prove fraud, but it can be seen as a strong indication. If your case, having a dispute on record, I wouldn't worry about it. You've got an actionable violation there. I'd do more with that tape than just keep a copy.
Re: Re: CA Threatened CRIMINAL Action All they are seeking to collect is $710 from an alleged 1998 debt. How foolish to risk lawsuit and to cause people that sort of grief for such a pittance.
1: File suit immediately against the CA for $1000 for violation of FDCPA. Don't waste the postage on an ITS letter with these jerks. 2: SAVE that tape and play it for the Judge.
I wish this message was on my voicemail. I would persue it until the CA lost their license to do businesss in my state.
What is the name (or phone numer if that is all you have) of the CA that left this message? There are several CAs that have used similar tactics to collect out of SOL debt they claim to have purchased that have been subject to class action suits and regulatory action by state AGs and FTC.
from a law enforcement officers point of view. a FIRST DEGREE FELONY.. umm yeah im not sure they are going to lump you in with these types of crimes. Capital Murder Rape Aggravated Armed Robbery Murder w/peace officer specs Treason Solicitation of Murder Raketeering Not only are they outta line leaving that message they are breaking the law. They are not prosecutors its not their position to decide what crime was committed much less the statute it falls under. Failing to pay an unsecured debt is no criminal offense. and even if you did fraudulently open the account (which you didnt). It would be no worse then Grand theft for that amount $700 dollars a Felony grade 5. but dotn even concern yourself its all nonsense, call them and sue their a##$%. Any good lawyer can get you big bucks for this one.
Your mother would have the same FDCPA suit as you do... Since she was the one who was called, and the message was left on her machine. She may also be able to get intentional infliction of emotional distress, and anything else that could be thought of, I don't know, I think that anyone who gets a call saying, WE'RE GOING TO ARREST YOUR CHILD FOR A FIRST DEGREE FELONY is going to be under some distress about it. You would have the same FDCPA based suit, for threatening a legal action which can not be taken; and also an unpermissable third party disclosure of a collection purpose. Since they went way above and beyond even hinting that this is a collection matter, and falsely reprented that it was even worse a CRIMINAL matter. Copies of the tape would go great at the FTC office, your state AG's office, your mother's state AG's office (if different), and their office's state AG's office... Ship now, and your gift may just arrive in time for the holidays. (Probably not, but maybe you'll start their new years off with a bang... It took about 1 1/2 weeks for my dispute to the AG's office and BBB office in Utah to arrive and be processed.)
This is worded fairly carefully, assuming it is accurate. There are three separate assertions - failure to pay, the nature of the offense for not paying, and the fact that Circuit City will pursue it as a "legal matter". They could simply send letters as a "legal matter". There's nothing inherently criminal in their pursuit of their money. The nature of the mistake in calling it a 1st degree felony is horrible, and is not a direct threat as I read it. It *implies* a threat, coupled w/pursuing it as a legal matter. It's akin to "I have a hammer and I plan to use it" - certainly *could* be threatending but vague enough to be a mere implication - could be a carpenter talking about his skills. The mistakes I think you've got them on is leaving a message for your mother - assuming they knew it was her number and they made the relationship clear in their message - that should only be left for you. IOW, the law says they can NOT divulge details in a message, simply that it's a matter of urgency, please call Mr. Green at 800- blah blah blah. Besides giving away details that violate your privacy, the threats are also violations. And if it truly is not your debt, hire an attorney and shake them for every wooden nickel they've got. BTW, the amount is unimportant. they pick up the debt for pennies on the dollar and then get whatever they can. If they make 15 phone calls like that in an hour and just ONE of them yields $300, they're doing very well.
Contact this consumer law firm in Chicago. www,edcombs.com Click on the "specia;" tab and see if this collection agency is listed.
my point is still being missed, as a general rule in most states a first degree felony is a crime punishable by 25 years to life in prison. So that itself is a major violation, he was accused of a crime by someone other than the victim, and the police / prosecutor, and 700 dollars of stolen merchandise usually gets you 5 days work release in the local jail. and the label of petty thief. I still say sue the scumbags they violated about 12 different debt collection practices. and caused major distress to your mother.
Simply stated - that collection agency #ucked up big time. I know its easy for all of us to advise you to sue those idiots (and I rarely tell anyone to do that) - I am being honest with you when I say I would persue a case against them atleast in small claims court. Good luck, Sal
