I received a demand for on a old debt from a JDB. I promptly responded with a validation request via CMRRR. I have received return postcard and the USPS website verifies the date of delivery of the letter. They have not responded to my request. I continue to receive multiple phone calls per day from this JDB. The calls are from an 800 number which is shown to be the JDB via an Internet search. The message left fails to disclose who they are, why they are calling, or the fact that the communication is from a debt collector. I'd like to hold these scumbags to account for their multiple FDCPA violations. My question is what type of documentation do I need to be maintaining? Do I need to request my phone records from the phone company? Should I make a tape of the messages they leave? Thanks in advance for your advice.
How long since they got the letter? It may take a few days for it to filter to the right place. As far as the messages go, if they said who they were and what it was about, and the message was heard by a third party, they would be in violation. I don't know if there is a requirement of the type of message they must leave.
You have no violations at this point unless you told them not to call. This is per authority in most circuits. What you're referencing are two distinct provisions which related to one another give rise to a bona fide error defense. Get something more substantive.
"You have no violations at this point unless you told them not to call." Not so . . . see (FDCPA), 15 USC 1692 g(b) . . . "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." Telephone calls are a "continued collection activity."
Thanks for the replies. A few points: 1. The firm is Weltman Weinberg & Reiss. 2. In my request for validation, I specifically requested that they "cease communication with me except to provide me with validation of the alleged debt." 3. The 800 number simply comes up as "toll free number" and the message merely says to "contact us regarding an important business matter." It never says who "us" is or that the communication is from a debt collector. When I attempted to call the 800 number, it rang and then disconnected. No one ever answered. 4. The phone is in my name. 5. The received the request one week ago and have continued to call every day since. It seems to me that enough has passed for the DV to filter through their system and, therefore, they should be calling me. Further, the content of the calls fails to meet FDCPA requirements.
Just document everything. I tried to request my phone records and was told I couldn't get them. Then I persisted and said that Ineeded them for my lawyer in a law suit and was told if the lawyer requests them thenthey could pony up. I didn't get too involved with this as they were not needed but now thinking back I do not understand why my lawyer could get the records and I couldn't? As for recording the calls IF you are in a two party state then of ocurse do s o, if not just make sure you either "quote" what was said, or get a tape recorder to copy what message they left, and also if possible keep the id's on the phone. If not just have time date and number and message. Is the date out of SOL? Who was the OC? WOofer If you think you can go pro se then do so, if not hire a consumer lawyer. Woofer
#1 a message left by a computer dialing system must contain (not just caller ID) either the name, or number of the caller. (TCPA) #2 in the event that the company using the computer dialing system is a collection agency, they must include the requisite 807(11) notice. (FDCPA) Does your phone company provide detailed billing - itemizing inbound and outbound calls, including toll-free numbers. (Caller ID isn't as reliable as detailed phone records from an unbiased third party.) The TCPA allows for $500.00 PER CALL; which would be in addition to the $1,000 FDCPA violation.
