As we all know a collector must send written notice of a debt within five days of communicating with an alleged debtor. Is faxing that notice considered to be written notice under the FDCPA?
Not explicitly, no, however my asking her to fax certain information to a particular number could be argued as consent. The situation is that my employer defaulted on the company's Amex account and I am a supplemental cardholder. I am reasonably sure I have no personal liability as I am not the basic or primary cardholder and I have never signed an agreement with Amex for the card rather it was requested by my boss and provided to me and used exclusively for business purposes. A collector called and implied that I had some personal liability for the debt. As such I'm going to proceed as though they told me I owed them money and expect the FDCPA to be followed. I asked her to fax me copies of various agreements and information about her company. I doubt I will receive the information and also doubt I will receive "written notice" as defined in the FDCPA. Since the company intends to pay this account in a few weeks I'm not looking to use the FDCPA as leverage rather I plan to bring action simply because the collector violated the law and pissed me off. A lot of work for a bit of satisfaction but the law is the law.
