Does a telephone call constitute INITIAL COMMUNICATION from a CA?

Discussion in 'Credit Talk' started by squidzilla, Dec 18, 2008.

  1. squidzilla

    squidzilla Well-Known Member

    Hey y'all,

    Cavalry Portfolio has been calling me recently--it's autodialed, and it tells me to call them back with this huge reference number they insist on conveying as a whole number (i.e. "Twelve million, four hundred seventy five thousand, nine hundred thirty two", as opposed to "One-two-four-seven-five-nine-three-two").

    I haven't received a single scrap of paper from them in the mail, and they're not listed on any of my CRs. What should I do? Ignore the calls? Call back and request written correspondence? Tell them to FOAD?

    Thanks,
    Squid

    P.S. I'm also curious about this choice of words: It is inconvenient for you to call me at this number at any time, and all communication should be sent through the mail. Does 'inconvenience' rise to the level of mandating a C & D with regards to phone calls? Seems to me like a CA would respond that it's "inconvenient" that you (allegedly) owe them money and aren't paying up.
     
  2. ccbob

    ccbob Well-Known Member

    It depends: do you want to be sued or just not called?

    If you tell the CA to cease all communications with you, they have two choices: leave you alone or sue you.

    If you tell them that it is inconvenient for you to take phone calls...then it's an FDCPA violation to call you but they can still send you mail. In the "Cease and disist" option, they can't even send you a letter unless it's a summons to a law suit.

    It sounds lame, but that's how the FDCPA is worded.

    And yes, a phone call counts as initial communication so if they haven't sent you a letter outlining your rights under the FDCPA within 5 days of their initial communication, then that's another violation.
     
  3. squidzilla

    squidzilla Well-Known Member

    Thanks, CCBob. Would I have to actually speak with someone in order for it to be count as such? Or does the act of calling me fulfill that requirement? As I said, there hasn't been a scrap of written correspondence or reporting to the CRA--I don't even see any soft inquiries from them.

    Squid
     
  4. jjgross

    jjgross Well-Known Member

    If it's a message you can always say i never recieved a call from you,you must of called a wrong number.In a court of law that would be perjury,until your under oath it's not.It's a untruth so until you get something in writing,or you can dispute it with them.
     
  5. squidzilla

    squidzilla Well-Known Member

    It's one of those automatic calls. "If you are XXXXX, please press 1. If you are not XXXXX, please press 2." I always press 2, and get the whole "Please call us at 800.xxx-xxxx, with the following reference number" spiel. I've yet to encounter a CA that doesn't send any corresponding documentation in the mail. From what I understand, Cavalry is among the worst in a field full of agencies that are racing each other to the bottom.

    Squid
     
  6. jjgross

    jjgross Well-Known Member

    I have a couple of friends that have a program that makes you go through a list of commands on their phone just to contact them.So it works where they would have to write you in order to get the info to you.The ca's are just a bunch of goon's and thug's trying to push people who don't know there rights
     
  7. apexcrsrv

    apexcrsrv Well-Known Member

    They automated call constitutes a communication and as Bob aptly stated, if they didn't outline the debt within five days from the first call it's a FDCPA violation.
     

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