uslaw.com says a creditor can be held responsible for turning an account over to a collection agency who then violates FDCPA. I didn't know about this - it is a good weapon.
I believe it. When I had my *misunderstanding* with Bloomingdale's and this CA that they sent my account to, Bloomingdale's was QUICK to fix everything when they found out that I had wrote letters to the Attorney General and FTC to complain about the violations that the CA had committed. They fixed everything in a matter of a week! They were SHOCKED when I had documentation that the agency was crank calling me, harassing me, calling me names, etc. They fixed it REAL QUICK AND sent an apology letter.
Breeze, do you happen to have the legal citation or the name of the statute that you are referring to? This sounds like great information to have and a nice tool for us to use. Appreciate your sharing this info! -chriscraft
Okay it's here: http://www.uslaw.com/library/article/bbkfdcpa.html?area_id=11 Scroll all the way down to where it says "Planning tip" BANKRUPTCY STEP-BY-STEP by James John Jurinski. Copyright )1996 by Barron's Educational Series, Inc. Published by arrangement with Barron's Educational Series, Inc. So I guess you would have to read the book, LOL. It's probably from prior court decisions or maybe from FTC opinion letters.
Thanks chris. I will search around a little, but I don't have access to a lot of the real stuff. Nolo seems to refer to it - saying if a collector violates the law, document it and, among other things, send the documentation to the original creditor - that they may let the entire thing go! - but they don't give any specifics.
Why shouldn't creditors be held accountable for who they hire to collect for them? If they weren't they could just hire any old law breaker they wanted to including loan sharks and hit men!
