Violation of cease and desist order

Discussion in 'Credit Talk' started by bkonner, Jul 6, 2001.

  1. bkonner

    bkonner Well-Known Member


    On August 2, 2000, Creditrust signed a certified letter where I issued a cease and desist order that included all forms of communication with me; it was spelled out very clearly. I received a letter from NCO Portfolio Management, which either owns Creditrust or Creditrust owns NCO Portfolio MGMT (per NCO Portfolio Management). I have been getting a number of calls from them over the past couple of days. They also re-aged an account that went into collections ten years ago; I will never pay this debt. In their letter to me, they mention the "Gramm-Leach Bliley Privacy Act, 15 USC sec 6801 et Seq". I suspect they have re-aged the account again, which Experian deleted last year at my request and their investigation.

    While I will contact the Attorney General of my state (Massachusetts) and their states, Maryland and PA, and I will also contact the FCC, do you think I should sue them in Small Claims Court?

  2. aigle

    aigle Well-Known Member

    Try not to get upset by this, just make sure it's not getting back on your reports. There is nothing they can do.
  3. godaddyo

    godaddyo Well-Known Member

    I believe that there is a lawsuit or there was a lawsuit aganst NCO financial for this type of re-aging debts. Email this person for details. Tell them that you have a reaged person may be able to help Check out this previous post
  4. cable666

    cable666 Well-Known Member

    The CA is violating the FDCPA by calling after getting the C&D. The remedy for the violations according to the law is for you to sue them in Federal court.

    The case should be very easy. Do not use small claims court. File the suit in Federal court and ask for the $1000 for the violation on the FDCPA, and for all expenses (i.e. you lawyer).

    Your DA or State AG is not going to care.

    The FTC cares, to a point. File a complaint against the CA on the FTC's web site ( If the FTC gets enough complaints about a CA, they might do something. The FTC is not going to purse your case fro you.

    The FDCPA is a "self-service" law. It gives you the victim the right to sue for specific damanges and expenses.
  5. cable666

    cable666 Well-Known Member

    Regarding the re-aging of account information on your credit report.

    Remember, you are dealing with two separate issues, even though you have lumped them together into one paragraph.

    The phone calls the behaviour of the CA is regulated by the FDCPA.

    The content of your credit report is regulated by the FCRA.

    Two separate sets of laws and regulations, each with different rules and remedys.

    So, the re-aging of the account on your credit report falls under the FCRA. The procedure for correcting this is to first dispute it with the CRA, then the reporting party, then turn to lawsuits against the reporting party.

    Again, the FTC doesn't deal with individual cases. But, report the violation, and if they see a pattern of abuse they may act on it.

    Good luck.
  6. bkonner

    bkonner Well-Known Member

    I filed a complaint with the FTC and the Attorney General's office for the state of PA. I think you are right about this. Thank you for the information.

  7. godaddyo

    godaddyo Well-Known Member

    Lots of folks are acting on it. Check out the previous posts and do searches on the web. Youll find it...
  8. sldruck5

    sldruck5 Guest

    I'm not sure about this but they may be required to send to you or talk to you about their privacy policy whether they signed a cease and desist letter or not. I have been getting allot of letters from companies about this even when the accounts with them have been closed and paid off for a long time. I did ask one of them why they where sending it. they said the grahm-leach privacy act requires them to notify their customers about their privacy policy. They said this requires them to contact you about every account they still have on file with you, even the ones that havent been touched for years and are in their archives. I'm not sure but this may ovverride youre cease and desist letter. They may be required to notify you about their privacy policy whether you have a cease and desist letter with them or not.

    Try not to get upset. I would check this out before you do anything else.

    This is a new act that just came out last year. You will be getting privacy promises from just about everybody you've previously had any accounts with in the next couple of months. I even got one from my electric company last week and the week before from the phone company.
  9. cable666

    cable666 Well-Known Member

    Perhaps we should be asking "What are these CA's discussing when they contact you?".

    Are they talking about your privacy options, or are they beating you up for payment?

    If the CA's are abusing this Privacy Notification Act to get around the FDCPA, then the FTC needs to be made aware of this so they can claifiry it and ask Congress to correct it.

    Please do us all a faver and let the FTC know what is going on. Thank you.

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