Worst Case Scenario

Discussion in 'Credit Talk' started by SLOYAROLE, Sep 29, 2002.

  1. SLOYAROLE

    SLOYAROLE Well-Known Member

    I HAVE A TWO PART QUESTION...

    PART ONE>>>CAN A BUSINESS BE HELD LIABLE FOR HIRING A NON-LICENSED (in consumer's state) CA TO COLLECT A DEBT? COULD ONE'S LAWSUIT HOLD THE BUSINESS RESPONSIBLE FOR HIRING A COLLECTION AGENCY WHO IS NOT NOT LICENSED IN THE CONSUMER'S STATE?

    PART TWO-A>>>IF, INDEED, THE ANSWER IS YES...COULD THE CONSUMER SUE THE BUSINESS FOR THE SAME AMOUNT OF $$$ S/HE IS SUING THE CA FOR? EX. $2000 FOR TWO FDCPA VIOLATIONS. $4000 TOTAL FROM BOTH PARTIES.

    PART TWO-B>>>IS EACH COLLECTION LETTER CONSIDERED A VIOLATION? FOR THIS NON-LICENSED CA...2 LETTERS=2 VIOLATIONS? REPORTING TO TWO CREDIT BUREAS=2 VIOLATIONS.
     
  2. SLOYAROLE

    SLOYAROLE Well-Known Member

    HOPING TO GET SOME INPUT.
     
  3. LKH

    LKH Well-Known Member


    It all depends what your state laws are re: licensing of ca's. Original creditors can be liable for violations committed by a ca that they have assigned the debt to. So, because they may not be licensed in your state, does not necessarily mean they can't legally collect there unless your state law states that.

    If it is a violation of your state law, then I would think that yes, you could go after them for the violations.
     

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