CA violated FDCPA, by not including in the letter "this is an attempt to collect a debt..." etc. What is the next step? FTC? State's attorney? Local police?
Did they include your FDCPA right to dispute? What do you want to accomplish? How much is the debt, and is there an issue of whether it is your debt, or the correct amount?
Initially they did (nearly a year ago). I did dispute it, requesting validation, and they sent me a one-page printout from the utility company. Wasn't even on the utility company's letterhead, and nothing to prove that I'm obligated to pay it or that the charges are correct. My contention is that, as far as I know, someone could have opened up Excel and hand-typed what I was given. I'd have to say there's definitely an issue of whether it's a correct amount....they've shown me nothing which proves that it is. But my immediate issue is that the latest letter they sent me did NOT include this language about "this is an attempt to collect a debt" which is specifically mandated in the FDCPA. I would have to think that this gives me some form of leverage? My ultimate goal is to get this entire alleged debt wiped out, taken off my credit, etc. At this point I am looking for opinions on the best way to proceed. Should I send evidence of this violation to FTC, attorney general etc.? Or threaten to do so? Or file suit against the collector?
So here's what I have. Some details have been changed or deliberately left vague....no way to know who exactly might be reading this forum. Collector sends notice of debt for $410, with "mini-Miranda" (this is an attempt to collect a debt etc etc). I respond with demand for validation. Research indicates that they purchased the debt from the phone company. Phone company confirms verbally that they have no record that I presently owe them any money. "Validation" when it comes consists of a single page printout supposedly from the phone company's records. Not on any form of letterhead, nothing to prove that I have any contractual obligation to pay anyone anything. The printout is something which I could have made up myself in Excel. It does list several months and supposed charges and payments next to those months. At the bottom it indicates a balance of $410 being charged off. At the top of the page there is a field marked "Balance Due:" which indicates $0. On several occasions, as I note that the item is still on my credit, I send them further requests for validation: "This printout proves nothing. Please send me proper validation that I owe you this money." I get a letter offering "settlement"....for $410, which is the exact same amount as they were originally asking for. I have to act quickly though....this offer is only good for seven days. (Or what....it will go back to the full $410 being due?) And again, the same one-page printout which proves nothing. On a hunch, and after reading several old posts at Creditnet (tm), I review the letter again. Sure enough, it's completely devoid of any kind of disclaimer regarding "attempt to collect a debt". Checking the FDCPA, I confirm that this is a violation. My next move: sending a letter to the president of the collection agency, work and residential addresses, outlining these violations and pointing out that the FDCPA allows me to pursue punitive damages as well as court costs/attorney fees. Offering to settle for 75% of these damages, no costs/fees, and they cease all collection activity. Any thoughts?
