can I sue AFNI, INC

If they put the tradeline on your credit report, sue their pants off. If they pull a hard inquiry, sue their pants off. In my honest opinion, if they do neither of the above, you would have a hard time coming up with legitimate violations. I would look for their 800 number, set up a tape recorder before you begin, then call them up, and in a calm voice, explain the situation. Let them know that they definitly have the wrong Sam Smith since you've never had the account with sprint and since the SSN they've provided isn't even a typo of yours. Inform them to remove your address from their database, since it isn't the correct address for the debtor they're after and let them know that any further action on their part will find them in court.

You know what state you live in, and you know the state the collection agency is in. So you can look up the wiretap laws. If both you and the collection agency are in one party states, you can legally use the tape in court if you wish. If either you or them are in two party states, just use the tape to write out an exact word for word account of the phone conversation. You can just say you have an incredible memory and are a very good note taker.

But then again, you may get lucky. If the phone goes to a message stating "Please wait while we transfer you to a customer care representative. This call may be recorded" then you just have proof of mutual consent to have the phone call recorded.

If they still harass you, I say yes, even thou you probably don't have very good valid violations, sue them for $1,000. File in small claims court for FDCPA violations. Hopefully, on the phone, they'll let some negative remark go that will give you additional ammo.

Oh, and make SURE to privatize your telephone line before calling, or use another phone from the one you usually use. Wouldn't want to open up the can of harassing telephone calls.

Just my thoughts, I'm no expert.

ChrisB

 

Congradulations on getting them on this violation.

 

1*In my honest opinion, if they do neither of the above, you would have a hard time coming up with legitimate violations
2*I say yes, even Though you probably don't have very good valid violations, sue them for $1,000.
chrisb
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1*He already has one legitimate violation in the letter they sent him.
2*They sent him a collection letter demanding payment instead of validation after he asked for validation.He has it in writing what more validity do you want?

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. If they pull a hard inquiry, sue their pants off.
chrisb
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Yesterday somebody in another post was arguing with me that a CA has the right to pull hards. Now who's rite you or them?????????????
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Re: Re: can I sue AFNI, INC

LB,

If I remember the thread correctly, the gist of it was that if a person has an account with a certain creditor or a CA, then there is permissible purpose. That thread, along with others on this board, also stated that if the person doesn't have an account with the creditor, then there is no permissible purpose.

From the flow of this particular thread, the original poster has no account with the creditor. Therefore, there is no PP. Therefore, a suit is in order.

Just my 2¢,

John

 

Re: Re: can I sue AFNI, INC

send them an intent to sue to their corporate headquarters (the 404 brock drive address) pointing out their violations. Give them a date to settle out of court by. Most likely they'll settle. If not, sue.