I really think that I can sue these guys for violations but thought I'd run it by you guys before I contact my attorney. 1. Received 1st correspondance from Zwicker dated 6/14/2008 but received on 6/17/2008. 2. I sent validation request out on 7/9/2008 by CMRRR and they date stamped it on 7/14/2008 as received. 3. They have not provided validation as of this date. 4. They have called my cell phone at least 6 times since receiving my validation request. 5. I received another piece of written correspondance from them dated 7/30/2008 but received on 8/1/2008. 6. I am going to send a second validation request to them today. Now, if I understand things correctly they have the following violations: 1. Contacting me at least 6 times without providing validation as requested. 2. Calling my cell phone after I asked them to contact me by mail only. 3. Calling a cell phone period. 4. Calling a cell phone that is in my husbands name and he has nothing to do with this account. 5. Contacting me again by mail without providing validation from 1st request. I have saved all of their messages in my cell phone but I don't think that dates are available for them. I called Unicel this morning and asked them if I can get a record of all incoming calls to my phone and they indicated that I would have to subpoena them for the records. I'm willing to do that if it truly looks as though I can nail these guys on their violations. The account that they are trying to collect on is for $2,900.00. I might at least be able to break even on this one. If I were to sue them to we have to do it in the state where they are located? Would they be responsible for the attorney fees if I were to win?
Sue them in federal court in your state.Calling on a cell pnone isn't legal send them a bill for the time they used.the loser usually pays.
You should be answering their calls and recording them. Each attempt to collect on the debt before providing validation is a violation of the FDCPA. What did the letter dated 7/30 say? Could it possibly have been "validation?" Or was it simply another attempt to collect the debt? If it's an attempt to collect the debt before providing validation, that's another violation of the FDCPA. It's not illegal for them to call the cell number, especially if you gave the original creditor that number. BUT if they use an automated dialer to call your cell phone, that's a violation of the TCPA. That's yet another reason you should be answering and recording the calls. And of course, if you notified them that contact at that number is inconvenient, then continued calls are violations of the FDCPA. Unfortunately, in Federal court damages for the FDCPA are limited to $1,000 per action (that is, per lawsuit, not per violation). However, their actions are surely causing you a great deal of emotional distress and a judge could decide to compensate you for that. What state are you in? Some states are tougher on violations. The North Carolina state equivalent of the FDCPA allows for $2,000 per violation.
I only have a cell phone so recording them isn't all that easy. I do, however, let them all go to my voice mail and then I save them. I will back up the fact that they are calling with the phone log from my cell phone company. I did tell them that it was inconvenient for them to contact me in any way other than by mail in my validation request. Nope, the letter on 7/30 is the exact same letter that I received on 6/17...no validation at all. Ah, $1,000 in total..I thought it was per violation. No wonder they keep calling!!! I am in Maine...how can I find out what the amount is for Maine?
Whoa - calling you on your cell phone is not illegal - if that is the number that was originally provided in the application. Since more and more folks don't have a landline phone anymore they are listing their cell phone number.
My understanding is if to contact you cost's you money then it's not allowed.However if that's the number you used on the app.Then that is ok,or your primary telephone if you have no landline.
Ok, scratch the cell phone thing, however, it is still illegal to call if they have not yet provided proper validation. I'm going to send them a second validation request and will cc my attorney this time. Maybe that will wake them up.
That's from the TCPA, and it only applies to automated dialers. That's why I suggested answering the calls -- if you get a recording asking you to stay on the line, or if you hear silence and some clicks before a person picks up, then they are using an automated dialer and violating the TCPA. It isn't hard to record cell phone calls. I use an inexpensive Olympus digital recorder with a microphone that sticks in my ear. It will record anything I can hear, so it works with my home, office, and cell phones. You can get them at Radio Shack or I hear that Codename V can hook you up.
I really think that I can sue these guys for violations but thought I'd run it by you guys before I contact my attorney. 1. Received 1st correspondance from Zwicker dated 6/14/2008 but received on 6/17/2008. So... that means that mailed it and you got it 3 days later... how is that a violation? If you mail a Christmas letter, you wouldn't expect it to get to your family member that day right? 2. I sent validation request out on 7/9/2008 by CMRRR and they date stamped it on 7/14/2008 as received. Perhaps they didn't receive it yet and / or processed it. You figure 7/9/08 was a Wednesday and the letter they mailed was on Monday. If the letter went out in the morning, they probably just got your letter, but hadn't processed it yet. That's not a violation. 3. They have not provided validation as of this date. Are you sure? Validation can just be a letter that proves that they legally can collect the debt. A common mistake made by consumers is that the validation must include original statements, etc. 4. They have called my cell phone at least 6 times since receiving my validation request. Calling a cell is not a violation, especially if they don't know for a fact it is a cell. You could always block their # or send them a cease and desist letter. Of course it's a law firm, so that may force them into a corner and just sue you. 5. I received another piece of written correspondance from them dated 7/30/2008 but received on 8/1/2008. See above answers. 6. I am going to send a second validation request to them today. Now, if I understand things correctly they have the following violations: 1. Contacting me at least 6 times without providing validation as requested. Can't say whether they did or not. You could PM your info and I'll look it up. 2. Calling my cell phone after I asked them to contact me by mail only. Did you do this by writing or over the phone. If it's over the phone, it counts as a 10 day cease and desist order only. (verbal cease and desist is 10 days) 3. Calling a cell phone period. Not a violation 4. Calling a cell phone that is in my husbands name and he has nothing to do with this account. Not a violation. They can call your cousin if they wish. They only can't disclose information about the debt to a "3rd party." Almost all states though, do allow debt collectors to fully disclose information to the spouse. Check your state laws to be sure. 5. Contacting me again by mail without providing validation from 1st request. This seems repetitive. See above answers. I have saved all of their messages in my cell phone but I don't think that dates are available for them. I called Unicel this morning and asked them if I can get a record of all incoming calls to my phone and they indicated that I would have to subpoena them for the records. I'm willing to do that if it truly looks as though I can nail these guys on their violations. The account that they are trying to collect on is for $2,900.00. I might at least be able to break even on this one. If I were to sue them to we have to do it in the state where they are located? You would have to sue them in the state you are located in, yes Would they be responsible for the attorney fees if I were to win? They would be responsible for all "reasonable" attorney fees and all court costs directly associated to the lawsuit. - Side note: Let me ask you something, are you just trying to get out of this debt, you do you honestly believe it's fraudulent and why? It just seems like you're very into getting out of paying this debt and not working out an arrangement to take care of it. Also, do you have a judgment against you already? Did you make the validation request within 30 days of the initial communication? Debt collection companies / law firms are not required to mail out validation (which again is simply proof that they can collect the debt from their client) after 30 days of the initial communication.
You're probably right, I just want to throw in my 2 cents in case someone else ran a google search on the company (which is how I found it).
