Hello- I haven't posted in a while, but I have a queston. I received a letter from a company that my gym membership is associated with. My account is past due and I am aware of it. But this is a snap shot of the letter I received today: ....if you feel that you do not have the funds to pay, obtain the money from one of the following sources: *savings account at your bank or credit union *other investments (CD's, employee stock, mutual funds, etc) *Cash value in life insurance *Cash advance on MC, Visa or Discover cards *Personal loan from a bank or cu, finance company, mortage company, family member, employer or friend. *Second mortgage or home equity loan In addition my mother called me today and said that a woman called her house and used these words: Legal action is being considered in this attempt to collect. Can they legally say stuff like this in a letter? And if I am correct, they are not to tell any 3rd party the nature of a debt in a phone call or that legal action is being persude, only that they are trying to contact me. My parents number was only listed on the contract as an additional contact number for me, they are not co-signers on the membership. I want to send a C&D, plus a partial payment (that's all I can afford this week) to bring the account current. Please advise (sorry so long)
Don't send them a C&D- send them a summons. Section 805(b) of the Fair Debt Collection Practices Act: "(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."
flyingifr, What does Section 804 say in regards to Communicating with other parties? Was the OP's "prior consent" granted when he included his parents as 'contacts' on his application form?
Re: Re: Is this against the law? FDCPA gives the CA the right to seek "Location Information". This means "Where can I contact him" or "will you ask him to call me?" Those two statemets are a far cry from: "In addition my mother called me today and said that a woman called her house and used these words: Legal action is being considered in this attempt to collect." Yes, they can contact others. NO, they cannot say to those 3rd parties "Legal action is being considered in this attempt to collect."
Re: Re: Re: Is this against the law? I'm still kinda new, so please help me to understand what a summons is (I assume it has something to do with appearing in court) and why it would be more appropriate to send that instead of a C&D
Re: Re: Re: Re: Is this against the law? All that means is you have filed the appropriate legal paperwork with the courts to sue that creditor for violating your rights under the FDCPA . A summons is your notice of intent to sue that is delivered to the creditor requesting their presence in court. Read this letter and this letter to see if your situation applies. If your situation applies and your mother will testify on your behalf - then you have a lawsuit that should make your pockets about $1000 heavier.
Re: Re: Re: Re: Is this against the law? Whoa! After reading the letters on the last post, I'm not sure if I want to get a summons. I can barely pay the amount I owe, wouldn't I need a lawyer to do this? Yes, my mom would be willing to testify in court but won't this make them try and sue me? I know I owe the debt, just fallen behind. Can't I send a C&D and make a notation in the letter that they are in violation of Sec. 805?
small claims is very friendly, some don't even allow lawyers. Send the validation letter first. BTW did they give you the mini-miranda advising you of those rights? If you mean a full C & D, then you don't leave them many options but to sue. You can tell them they are in violation, but without following up, most CA's won't be impressed/take you seriously. Incidentally, what is the balance on the contract, if you don't mind me asking. Edit - I haven't studied it much, but did they mention you are in default? or just past due? You might want to look at these letters: http://www.ftc.gov/os/statutes/fdcpa/letters.htm They are near the bottom and the heading is debt not in default exemption.
A small claims lawsuit not only doesn't require a lawyer, in most jurisdictions the cost is minimal. Filing the suit makes them realize that you are serious and not to be pushed around. If you do a cease and desist, make it a cease telephonic contact and contact me in writing only. Otherwise, as has been stated, you leave them no option execpt to sue.
Excuse me, but doesn't he have a lawsuit here with the clear cut violation of Section 804 of the FDCPA regarding contacting third parties? So what if they threaten to sue. Sue them first! Should he just let them slide? I would go after them using the teeth of the FDCPA law to get them off my back and to pay me for damages.
I'm not sure if your addressing me - but, I am suggesting, given this is not a run of the mill credit card chargeoff, that he review some FDCPA opinion letters. He is going to need to read his contract and see if it defines when he is in default (vs just past due). If he isn't in default yet, it *might* exclude the CA from the FDCPA. Section 803(6)(F)(iii) of the FDCPA, 15 U.S.C. § 1692a(6)(F)(iii), provides that the term "debt collector" does not include any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity . . . (iii) concerns a debt which was not in default at the time it was obtained by such person. Based on your description of ACS's business activities, it appears that all of the credit card accounts that ACS obtains from lending institutions "are owed or due or asserted to be owed or due another." It also appears that ACS obtains these accounts before they are in default. Based on your description, therefore, it appears that section 803(6)(F)(iii) excludes ACS from the definition of "debt collector" and, thus, most of the FDCPA's provisions. Please note, however, that ACS's activities are still governed by other statutes, such as Section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), which prohibits "unfair or deceptive acts or practices in or affecting commerce." http://www.ftc.gov/os/statutes/fdcpa/letters/shapiro.htm
jlynn is right, they aren't a debt collector unless the debt is in default when it is sold. I've never seen a gym use this, but a lot of medical bills get sold before they're in default, and this has been one of the problems. Of course, we now have other ways to deal with medical accounts, like HIPPA.
Geee... to pay a Gym membership they missed a couple of things: *Sell some blood *Contract a terminal disease and sell your Life Insurance to a Viatical Funding Company *Sell some atomic secrets to Al Qaida *Sell a kidney - you have two. *Sell an arm and/or a leg - you have two of each *Write a Pulitzer Prized winning novel *Invent a cure for cancer and win the Nobel Peace Prize *Stand on a street corner in a seedy part of town and sell your body C'mon, they can offer more suggestions on how to raise money than the few they came up with if they really try.
Ok,,,,no, I am not in default just 2 months past due. I actually called today and spoke with a woman and they are not a CA, they are just the financing company for the gym. I let her talk and then made arrangements to pay my past due amount in 2 pymts. I asked her about her message that she was stupid enough to leave on my parents voicemail (which they saved) and give my personal info to a 3rd party and then advised her that I thank her very much for leaving that message and to expect payment on Friday....she was dumbfounded. So dumbfounded to the point that she called me back and asked me WHY I thanked her, and I told her to check out the FTC.gov site under Credit Laws section 804-805, She had my information, even verified it with me over the phone the last time I talked to her (3-4 wks ago), but still contacted my parents! Being the Daddy's girl I am, my dad almost called her back to cuss her out for giving me a hard time and guess how much it was over? $65 bucks! Thanks CreditNet-ers for all your help
Re: Re: Re: Re: Re: Is this against the law? 1*Yes, my mom would be willing to testify in court but won't this make them try and sue me? 2*I know I owe the debt, just fallen behind. 3*Can't I send a C&D and make a notation in the letter that they are in violation of Sec. 805? tcmcnair ===== =================== 1** Here is what could trigger a suit.(Can't I send a C&D?) 2*How much is it.Important! 3*See 1 THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
1*I'm still kinda new, so please help me to understand what a summons is (I assume it has something to do with appearing in court) and why it would be more appropriate to send that instead of a C&D tcmcnair ==================== 1*It's a notice of suit to appear in court. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' PS New Member Must Reads.--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s= WhyChats statute of limitations http://community-2.webtv.net/Y-chat/WhyChatsCredit/ http://community-2.webtv.net/Y-chat/WhyChatsCredit/ statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp """"```--~~~~~~~~~--```'""'''
