Can I sue CA???

I tend to doubt it very seriously. I would tend to think that in order to qualify for a violation they would have to use two names which in no way bore any resemblance to the other.

Depends on what their letter said.

If that was a phone call then you would have an awful time trying to prove what was said. It can be done but usually only as a backup to much more serious violations. If she used foul language then yes, because that can become a matter of using profanity over phone lines which is an FCC offense much more than an FDCPA offense although it is that too.

I had that happen to me back in 1974 and called the FTC in on the deal and very nearly got Montgomery Ward phone lines cut to all locations nationwide over it. I seriously doubt that would have actually happened but FCC did threaten them with just exactly that and they didn't waste much time doing it. But then I had over 10 minutes of recordings of a woman calling me everything but a human being. Once the FCC listened to about 2 or 3 minutes of that he had heard all he needed to have cut them off but again I seriously doubt that it would have actually happened. He sure made a believer out of them and thats all that counted.[qote]Of course I can sue them, do I have a chance of winning?[/quote]I would say no, not anywhere near enough. I normally have quite a few violations before I threaten suit.

I'm preparing one now. In this case the collector had already given up the ghost after they were caught in about 6 or 8 violations and had sent a letter stating that they were giving up and returning the debt to the original creditor, had not made any adverse reports to CRAs and would not again make contact.

Then, de la repente, they sent a new demand letter for the purported debt.

Now they get a letter stating that since they obviously cannot be trusted to keep their own agreements it is now regrettably necessary that the collector and their Customer Service Representative and their Collection Manager each prepare and sign a contract agreeing to pay $10,000 per each and every future violation that may be committed in the future, any and all attorneys fees and court costs, confess judgment in case of violations and more.

It still lets them off free except for the company who must pay the full cost of the debt they were trying to collect via U.S. Postal Money order made out to the original creditor and sent to the debtor so he can mail it in to the creditor who is also a co-defendant in the included copy of the fully prepared and ready to go lawsuit in federal court so they can see what they are looking at in case they fail to comply within 15 days of their receipt of the documents.

It is also demanded that the respondents provide their social security numbers for identification purposes in case they violate.

The whole thing is about 10 pages or so long so it takes a lot of time to properly prepare it. Each and every allegation is thoroughly researched and case cites supporting them are included.

I've done a goodly number of those but this is the first one where they had previously agreed to give up the ghost and return it to the creditor and then reniged and came back trying to collect. In this case it was probably just a stupid mistake made by some collector who didn't realize the previous action of the Customer Service Rep.

But this one stupid mistake is likely to get somebody's tail feathers plucked a bit.

If not we will file on them and let them worry even more but I seriously doubt they want to come out to Oklahoma from New York to answer the charges and since the threat is to sue the two employees separately and the company as well that will make the cheese even more binding.

The suit would be filed against the employee making the promise first, then against the person who broke that promise and finally the company itself. That way it would be hoped that in the event of winning against the employees the case against the company would have already been well proven and they would have much less grounds upon which to defend.

If the company tries to help the employees their expenses are then multiplied by 3 and that should make them a lot less interested in fighting as well. Especially when the suit presented to them specifically states trial will be in US Federal District Court with jury trial demanded.

It will be a whole lot easier and cheaper for them to just sign and make sure that all references to the debt is erased from their systems and be sure they do not get hung that way.