Hi - my husband has been contacted by First Revenue Assurance regarding a bizarre AMEX collection. AMEX has no knowledge of the amount in question being owed (although they sent him a credit for the same amount a few months ago), and advised him to demand validation from FRA. We have used the validation letter from this site and will be sending it tomorrow CRRR. Meanwhile, I'm trying to determine whether Alabama requires debt collectors to be licensed, and if so, whether FRA complies. The only thing I've found is this blurb from the state codes: Section 40-12-80 Collection agencies. Each collection agency shall pay the following license tax: In towns and cities of 20,000 or more inhabitants, $100; in towns and cities of less than 20,000 inhabitants, $25. Each person who shall employ agents to solicit claims for collection from persons, firms, or corporations in the state shall be deemed a collection agency within the meaning of this section. This section shall not apply to any person who is excluded from the definition of the term "debt collector" under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692a(6). (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §492; Act 2001-454, p. 595, §1.) Ok, so I searched the Alabama corporate database under active and inactive corporations, and no record came up for First Revenue Assurance or their dba, American Banco. So my questions are: Is there something else I should be searching for? Does the fact that they aren't in the AL corporate database mean they aren't licensed to collect a debt here? If I can verify that they aren't licensed, is this sufficient to get them off my hubby's case? Do we have any recourse? Can we sue for violation of FDCPA? Thanks for any insight!! Poochie
-An unlicensed debt collector attampting to collect a debt is not necessarily a violation of the FDCPA- Wade v Regional Credit Association http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=9th&navby=case&no=9535434 "OPINION WRIGHT, Circuit Judge: We must decide whether a collection agency attempting to collect a debt without obtaining a required state debt collection permit violates the Fair Debt Collection Practices Act. 15 U.S.C. SS 1692-1692o. We find that in this case the agency's unlicensed collection activity does not violate the Act. " -BUT, it may be a violation of state laws governing collection agencies.
I personally dealt with an unlicensed Ca attempting to collect a debt I sent them a notice disputing the acct and mentioned that they are not licensed to conduct business if they continue I would report their illegal activity to the Attorney General and file suit. 10 days letter they sent me a deletion letter for the acct and that was the end.
Can an illegal enterprise create a legally enforceable debt? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Along the same lines, What if you've paid the CA and then find out they are not licensed in you state? Can I threaten anything for deletion of the TL? Please advise
here's a good thread regarding bonding and licensing... http://consumers.creditnet.com/stra...php?s=&threadid=26763&perpage=25&pagenumber=1
Originally posted by lbrown59 Can an illegal enterprise create a legally enforceable debt? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> -------------------------------------------------------------------------------- -YES!-Unless there is a law against it hiding90 ***************************** In other words a debt to an illegal enterprise is legally enforcable is what you're saying correct ? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
