ontrack, Thanks for all your feedback regarding this. I really just feel that I have been wronged here and would love to pursue something. Do you mind me asking if you are an attorney or have significant experience in dealing with FDCPA violations? Because as I read the Act, I don't see where I need to send them written correspondence to stop calling a 3rd party, it would help I know, but it isn't required as simply calling more than once and disclosing the debt are violations period. Is there case law that changes this that you know of?
No, I am not an attorney. I am just interested in game theory, the give and take of negotiation, and the use of the Internet as a leveler in negotiations between parties of unequal strength. I have found from my own experience that by conducting my own affairs in a businesslike fashion, with records, and followup letters, it helps force a negotiation to a desired conclusion, and sometimes forces a decision by others consistant with my documented reality in the face of sloppy and incompetent record keeping and practices by others. The written correspondence, combined with your contemporaneous logs, is to make it clearer that their actions are deliberate violations, that they continued despite repeated demands not to. (i.e.: an illegal debt collection tactic to use disclosure to a third party to pressure a debtor to pay) Otherwise, it becomes more of just "he said, she said, the debtor still hasn't paid the bill, so who do you believe". Judges are people, not computers scoring fouls. Regardless of the law (and the judge you get may not be familiar with FDCPA), they may decide that no harm was done, or it was just a bona fide error or misunderstanding, or you are just trying to game the system to get out of a debt. They are already claiming that your mother has muddied the waters by trying to negotiate for you, and that they were just trying to be "helpful".
I definitely see what you are saying, but I might just take a stab at it anyway. I have found a list of a few FTC cases where the main complaint was unauthorized contact of 3rd parties. I have e-mails, and a couple voice messages and I'll get an affidavit from my mom as well as phone records. As you can tell, I'm having a hard time letting this go...
Have you checked whether this particular CA has run afoul of similar violations in the past, perhaps reaching a consent agreement to follow FDCPA with either FTC or a state AG? If they're this sloppy or deliberately violating the law with you, it's likely their standard behavior.
Just an update: I called a consumer affairs attorney with the state attorney general's office about this and he recommended an attorney specializing in the FDCPA. I contacted their office and now they are very interested in pursuing this on my behalf on a contingency basis.
I hope you do well. I just spent two hours dealing with the crooks over something I paid a year ago, to them. They refuse to mark it as paid even though I have a letter from them stating paid. NCO sucks!
Your source of a new attorney should certainly steer you in the right direction. Probably on contingency... Two things I noticed early on as an interested bystander--Yes, you can have copies of your (and your Mom's) incoming calls documented from your phone company to prove timelines in court, should it go that far. Ditto for the CA, just determine their local location and have their phone records and incoming calls to yours and her's specific numbers subpeona'd from their local provider. Second, you'll have them as knowing that you're the primary account holder after they've admitted on your answering machine that MOM isn't whom they should be corresponding with. Known negligence. Very cool evidence for court.
Yes, I've seen that and although it isn't the same type of thing that I've been dealing with it may help to show that NCO is a troublesome company.
It shows that as a company they had (and may still have) a culture where crossing the legal line is not "adequately discouraged". Note that if you complain to NCO, regardless of whether it is related to the "reaging" charge that was the issue in their settlement, they are required to keep a record of your complaint (an how they resolved it) that is auditable by FTC to ensure compliance with the settlement. That would include compliance with all FDCPA and FCRA requirements, not just accurate notification of original date of delinquency. The only way they would be able to show compliance to FTC (or at least maintain systems that show their good faith attempt) would be to handle all complaints from one specific department, probably associated with compliance or legal. You might also find separate settlements with state AGs, by searching each state AG's web site.
what you need to sue? When talking about going to court to sue, be sure you have all your ducks in a row as most agencies in the state of CA need to have their letters go to a "Map Attorney" before they can send. Also, when a company such as citi bank calls, that is classified as first party collections and the FDCRA does not come into play as in third party collections. To have the party stop calling you and or the person they have contacted to get to you, you need to have "IN WRITING" a ceast and desist letter as if you do not have in writing in is your word against theirs.
