I have been receiving collection letters from Citi Retail for a few months now. The letters are in those envelopes with large plastic windows that allow the address to show through. Every one of the letters is folded in a manner that allows the following words to be displayed through the window: "THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION......" I have three of them like this that are unopened, and 2 that have been opened. Anyone?
i dont believe so. they can not send you postcard or list the return address of a collection agency. i think as long as their is no evidence on the envelope that it is a collection, they haven't violated anything. it sounds as though their mailing machine isn't set properly.
The FDCPA does not apply to OC's. You can say it does, but it won't hold up in court or to the OC! It's main intent is to put statutes in effect for 3rd party debt collectors, hence COLLECTION AGENCIES! ICK, I hate those words!
If the name of the co., holding the original obligation, has been changed in ANY way, to facilitate collection, then yes, they are covered by the FDCPA. Even though they may both be owned by the same entity. Hypethetical: ABC co. knows you refuse their calls. So they call again, but this time, in an effort to get you to the phone, they use a different co. name. They are now covered by FDCPA, even tho they are the oc. see? So we can't say that the FDCPA "never" applies to an OC. . .
So, Donna. Find out if the return address on these envelopes matches the name of the original co. which holds the alleged debt. If they are different, the name on the env's. is [probably] the collection division of the OC. The sole purpose of their existence then, is to collect the OC's debt. If this is the case, I would INSIST that they are covered by the FDCPA and proceed accordingly. If that's visable in the window, it IS a violation of the FDCPA. Problem is, you must determine if the sender is covered by the FDCPA. Come back here and let us know what you discover. Oh - Welcome to the board. .
Lemme donate my 5 cents here ... [color=0066FF]FCDPA § 804. Acquisition of location information[/color] Any debt collector communicating with any person other than the consumer[color=0066FF] for the purpose of acquiring location information about the consumer [/color]shall[color=0066FF] -- (5) [/color]not use any language or symbol on any envelope[color=0066FF] or in the contents of any communication effected by the mails or telegram [/color]that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt[color=0066FF]; [/color] To find out who is a debt collector, read FCDPA § 803 (6). Happy New Year, Butch!
vghost you should start a new topic in the main forum just to let everyone know you are still alive. There has been some concerns as to your where-abouts.
If this is an OC--why would they need the "Mini Miranda" in their letter? This is only required by 3rd party debt collectors. I think they fall under FDCPA and are in violation of 3rd party disclosure.
If this is an OC--why would they need the "Mini Miranda" in their letter? This is only required by 3rd party debt collectors. I think they fall under FDCPA and are in violation of 3rd party disclosure.
