Is there documentation somewhere that supports this that I can add to my newly created "Asset Acceptance" folder?
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 "§ 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... 2) The false representation of -- (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ... (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. ... (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ... (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ..." http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808 "§ 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. ..." http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (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. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ..."
In other words... They're trying to claim that they have no requirements to comply with the Validation requirements of the Fair Debts Collection Practices Act. AA also won't validate properly anyhow... All they provide is a cover letter that says here's what we received from the original creditor; with a screen print from their records.
I never did hear from Hurley again. But today, I got a hang up on my home # from a Wisconsin exchange, that comes up as 'unlisted' when I do a reverse Whitepages search. When I called back, there was no answer. maybe I am just being paranoid.
AA will claim they are a Facturing company account also.. As far as them not being a debt collection agency.Thats a laugh. I,m looking right at an old letter from them and it reads DEBT COLLECTOR. Yes I,ve dealt with them and yes they are a royal pain in the patuti.. What finally help me get rid of them was the BBB..I used them on my third round and they folded..Keep at it.Good chance you.ll succeed. frioguy
Asset Acceptance is a BBB member. Regardless of whatever else they try to pull, to remain a BBB member, they must respond to BBB complaints.
