Couple of questions first: Are CA who are collecting business debt also required to abide by the rules of the FDCA? I received a letter from Manufacturers Credit Cooperative attempting to collect on some business debt, However, they want me to send the $ to the OC, does that mean they're not a CA, or are taking the debt on commission or something? Letter included the following: "We suggest that you resolve the matter at this time directly with the member firm since they have reported this claim to us for central listing and industry wide circulation." Is that legal? It did include the mini miranda at the bottom of the letter. Should I send them something besides the validation letter? If that was a violation of the FDCA, the fine would be more than the debt is for. Also, if my state (NY) does not require a CA to be bonded, but they're in a different state, which state laws do they have to follow? Thanks for helping me fight back! Dawn
FDCPA doesn't apply to commerical debts. A debt is defined as anything for personal, or household use. There was a post a little while back where the CA even quoted a case in their disclaimers, as to why their account wasn't covered by the FDCPA. It sounds as if MCC is a CRA which also collects debts, if the debt in question was a personal debt, which would fall under the FDCPA, it would be a case of over-shadowing, since a court has already ruled that TeleCheck's "YOU ARE CURRENTLY BEING LISTED ON OUR FILES, AND MERCHANTS USING OUR INFORMATION WILL TURN DOWN YOUR CHECKS." (verbiage to that effect), did overshadow the valdiation rights notice, since it didn't explain that disputing the alleged debt, and exercising your rights to validation affect how their company has to report under both the FDCPA, and FCRA. In other words, you are already being harmed by this, if you delay resolving this (i.e. PAYING), you are harming yourself more, but you have 30 days to dispute the validity of this debt. The big question is what type of debt the alleged debt is. The Federal Trade Commission, did force LeaseComm Corporation to comply with the FDCPA, despite that they were a commercial leasing company, but that was mainly because they were targetting individiuals, and did a whole lot of other 'frauds' to their victims; including making a regular pattern (over 26,000 according to the FTC) of remote judgements against consumers who would have no opportunity to travel to MA, or to obtain council in MA. http://www.ftc.gov/ro/leasecomm/ Also, are you sure that the address they gave you is the actual OC's address (the exact same address which is on everything else), what some companys do is use their own address telling you to put the name of the OC on the envelope as the recipient, or the OC sets up a special address for the accounts through the CA, CA #1 sends to PO BOX 2355, CA #2 sends to PO BOX 2356, etc.
If a "commercial" debt is paid through your personal checking account you can SOMETIMES bring them under FDCPA.
That was one of the MANY reasons LeaseComm was brought under it, their alleged 'leases' required EFT's from debit/credit, or checking/savings accounts; and in way too many of those cases since the victims were 'consumers' and not businesses, those accounts were personal accounts.
Thanks guys! It is a business debt, although I am a sole proprietor (DBA) Does that make any difference? It was for florals that didn't sell... It really stinks that they don't have to follow the same rules, doesn't it? Dawn
Thanks guys! It is a business debt, although I am a sole proprietor (DBA) Does that make any difference? It was for florals that didn't sell... It really stinks that they don't have to follow the same rules, doesn't it? Dawn