Is this a FDCPA violation?

Discussion in 'Credit Talk' started by ryder, Apr 15, 2003.

  1. ryder

    ryder Well-Known Member

    I got one of these last year and tossed it, a new one came in the mail today.

    The sender is ARC Inc, otherwise known as (but not stated on the card) Account Recovery Consultants. There's two smiling peanuts on the cover and its says "We're going nuts trying to reach you". They want me to call their 1-800 number (yeah right).

    Aren't they supposed to include the "mini miranda" and notify me in writing that they are attempting to collect a debt if they send any correspondence?
     
  2. jlynn

    jlynn Well-Known Member

    Two smiling peanuts - that's just an insult to legumes of the world.

    11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action

    Did they mini-miranda you the first time? They still have to identify themselves as a debt collector.
     
  3. ryder

    ryder Well-Known Member

    Thanks Jlynn,

    Nope, they didn't. But I checked my credit reports and there's not even a soft inquiry. How did they get my new address? Anyway, I will put their notice in my files and let sleeping dogs lie. Or, maybe a complaint letter to the FTC is in order? In the words of Mr. T : "I pitty the fool that messes with me"!
     
  4. jlynn

    jlynn Well-Known Member

    Re: Re: Is this a FDCPA violation?

    Do you know what the bill is for? Here is what I have discovered. Did you put in a forwarding order? I think, once it expires, they send mail back to the originator with the new address on a yellow sticky on the envelope. I know the CA's found me when I moved before anyone else.

    I'm not sure about letting sleeping dogs lie. It may end up on your CR if you don't talk to the happy peanuts.
     

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