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Discussion in 'Credit Talk' started by Jody L. St, Aug 16, 2000.
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Jody, you need to go to JerryDJ.com and get all the info on the law suits. You have
the same problem alot of CCB customers have had. and it's illegal to call you at work after you tell them to cease. So the jerry's
site and get more educated on what to do.
And Good Luck!
Original Creditor Compliance
I would certainly suggest considering Bobâ??s advice, go to http://www.jerrydj.com/CCB and download a FREE copy of the CCB Class Action complaint. At the end of that document youâ??ll find phone numbers and contact info, for the attorneys handling Class Plainiff issues.
As an observation Iâ??ll augment Bobâ??s comments on one subjective point, because he could have meant a couple of things. CCB is an original creditor and need not comply with The Fair Debt Collection Practices Act (FDCPA), which as you may know relates almost exclusively to third-party collection agents. I believe Bob indicated that repeated calls to your work or home are in violation of law, whereas if he was referring to FDCPA he is in error. But to a degree Bob is also accurate and hereâ??s whyâ?¦
Some state statutes (laws) such as Californiaâ??s Â§1788 for instance, carry mirrored standards as FDCPA only relating to original creditors. Moreover repeated calls, threats, and undue intimidation by original creditors could be deemed harassment. If that conduct causes real emotional distress then it certainly is actionable, as expressly defined by case law. A fairly recent Georgia state case sustains this argument: Yarbray vs. Southern Bell Telephone & Telegraph (1991).
In Yarbray the court confirmed that a case for Intentional Infliction of Emotional Distress should be evidenced by: â??â?¦ extreme and outrageous conduct by which one intentionally or recklessly causes severe emotional distress.â? So my point is that if CCB as an original credit causes you distress, as the tonality of your post would suggest. Composing a letter warning of this and perhaps citing the Yarbray case may tend to back them off a bit. Then again it may not, but hay it may be worth a shot if only to help support your claim or get the calls to at least slow down.
Irrespective, download the CCB case and contact one of the law firms indicated. Explain to them your issues and present whatever documentation is available, and theyâ??ll advise you furtherâ?¦ Best of luck to you nonetheless.
Keep The Faith,
How about buying a caller i.d. unit and not answering the calls from this pitiful bank or have your phone #'s removed from the acct. You do have the right to have the #'s removed.
You may want to consider going to a Debt Counseling company who will call your creditors and work out a deal with them. You pay the Debt Counseling Co., and THEY send the check to the company. I believe by law, after you go to the Debt Counseling Co., they CANNOT call and ask for ANY money. They would have to call the Debt Counseling Co. They are in the yellow pages listed under
"Credit & Debt Counseling Services" I understand that they have helped a lot of people and most of them are non-profit so they make no money helping you get back on your feet. I hope it works out for you.
That's good advice but this is one of the problems w/CCB. They still call cardholders even after they have went to a debt counseling service. This company has very low, if any at all, values and ethics. it's worth a try but dont be surprised if the calls still come.
I do appreciate your advice, but I already have Caller ID, which of course shows every call as Out Of Area (or unknown name, unknown number on my living room phone.) I also have an answering machine that I'm letting take all these messages, too. So I'm pretty much not talking to them myself now. My mom did talk to one yesterday evening and told them that I had already made arrangements two days ago and also about the letter I sent asking for my work number to be removed. They acknowledged the letter had been received and claim that my work phone has been removed per my request. I shall see when I go to work at noon.
Thanks, Bob. I've already been to Jerry's yesterday and have sent an e-mail requesting info on joining the lawsuit.
BTW, you're right. It is harrassment, but I'm starting to find some humor in this *-) I only had 5 calls all day yesterday (it was 8 Wed. evening between 5:30 and 8 p.m.), so it's still quite interesting.
Ethics?? Cross Country?!
Help me, I'm hyperventilating!
The Mongol hordes had more highly developed ethics and much sweeter dispositions than your average CCB employee.
RE: Original Creditor Complian
In order for a cause of action for intentional infliction of emotional distress, there have to be actual damages. Generally, courts hold that the distress must have been enough that the plaintiff sought medical treatment for his distress.
If someone kills your puppy in front of you on purpose, the act is so extreme that you will win without a doctor's treatment. For this, I advise seeing a doc, if one wishes to sue.
The other obvious cause of action is invasion of privacy. Here, clearly privacy is invaded. The bank will argue a defense of privilege- that it has a right to call you because you owe money. In this case, a cort will consider the reasonableness of the defendant's behavior. 5 calls in 3 hours is an abuse of privilege, and defendant will lose.
I shall find out the name of the CCB CEO, then obtain his/ her home address from tax records, and post it here.
You guys can write the CEO about your concerns, or serve a lawsuit against CCB there (a corporate officer or agent for service must be served).
RE: CCB harrassment-Lawsuit???
Lawsuit? Did somebody say Cross Country lawsuit? What a great idea!
Anyone interested in a class action against the Visigoths at Cross Country? There might just be a suit or two laying around here somewhere;-)
RE: CCB harrassment-Lawsuit???
I stated two common law tort theories on which individual consumers may sue CCB in their local court. If they call 5 times per day, sue them- you have a right to privacy at home.
RE: CCB harrassment-Lawsuit???
I was just kidding, Pat. I thought everybody knew about all the lawsuits against Cross Country. They are being sued for the phone calls, as you suggested, but what is even more interesting is that they are being sued under the RICO statutes in federal court in NY, FL, and CA. The California class action has 2500 Cross Country victims involved. The class action is accessible at jerrydj.com, but you and I have webtv and can't download Adobe Acrobat as required. Got a copy using my computer and it is fascinating reading. It's very appropriate to go after Cross Country with statutes usually used for the prosecution of organized crime, racketeers, and drug dealers. At least those criminals don't make as many nasty phone calls in one day.
What is the name of the lawsuit, i might be interested. And why were they calling you??
First of all the cccs has to have their "proposal accepted" by ccb ,they wont just take any pymnt. That is because after accepting a pymnt they waive future late & ovr lmit fees for you.....