Would a utility company (original creditor) fall under the FCBA? I moved july 2000 asked my service be terminated and deposit applied. They never took it out of my name. They eventually disc onnected service to t he addie entirely and then continued to estimate bills o n i t eac h month. In Marc h 2001 I received a bill at an old po box. I called and advised them of error, never heard another word till it popped up on my credit report and they refuse to remove. suggestions?
I believe they fit the description of creditor as given by the FDCPA, being that utilities (usually) are not prepaid, they extend service to you on 'credit' and expect you to pay later. SO, yes the FCBA applies to them also.
I came across a website that states utilities are NOT regulated by FCBA. Here's the quote -- "If is considered a regulated utility, it is exempt from the FCBA. According to 15 USC 1603(4), transactions under public utility tariffs are exempted from the FCBA, if the Board determines that a State regulatory body regulates the charges for the public utility services involved, the charges for delayed payment, and any discount allowed for early payment. Therefore, a telephone company which is a regulated utility is not a creditor for purposes of the Consumer Credit Protection Act. Moening v. Illinois Bell Tel. Co. 487 NE2d 980 (1985). Where the rate schedule providing for payment for electric utility cables had been filed with the town, and where the utility remained owner of the facilities, the transaction was exempt from the Act. An operator of sewage facilities for a subdivision which was regulated by the state public service commission was also exempt from the Consumer Credit Protection Act. Therefore, if is regulated by a state regulatory body, or its payment schedule for provision of utility services has been filed with a municipality and no long term installment contracts are involved, they may be exempt from the requirements of the FCBA under 15 USC 1603(4)." Here's the link -- http://lawtomation.com/leflawnet/fcra.html Bummer - I was hoping to use the FCBA for an old electric bill. Tom
You can still sue them.I've sued the gas and water CoS.The phone Co is next in line and another issue against a gas Co.
Yeah I wanna know too, I have one that I wanna nail too. I can talk via phone if necessary or email don't matter.
2* The gas co said I owed them $333.oo.but my account ledger that I kept on the account was at a $0.oo balance. Gas Co. said I had to pay the 333 or they were turning it off . I paid the $333.00 then sued them in Small claims for $333.00. Who do you want to nail and what are you wanting to nail them for?
