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Guest · Posted: Fri Mar 30, 2007 2:53 am Subject: Are these violations

OKay well i have been dealing with Financial Recovery Services, INC. They keep calling me at work, to the extent I told them to stop calling me at work. So they called my first line leader. I have probably 2 or 3 notes from him. I again told them to stop calling. Instead they called my next higher, my branch chief. He sat there as i again told them to not contact me at work or during duty hours. They tried 2 or 3 more times to him. Then yesterday i find out when i finally talk to them i find outthat they talked to my first sergeant. They guy told him that i owe them money then told them the amount. Then he threatens to have my security clearance taken and how i will never get promoted and that i should give my first sergeant permission to talk to them. Luckily i got all that on tape. My first sergeant told the guy to kiss his butt and that he was not a debt collector...LOL. Is this worth contacting the FTC? to get them fined do i have to sue or just notify the ftc?

Thank You

Posted: Fri Mar 30, 2007 3:15 am Subject:

I'd contact an attorney. Although it is a violation of the FDCPA to call you at work after telling them not to, you might have a hard time proving this happened. However, sounds like you could prove 3rd party disclosure, which is a clear violation. Not exactly sure how the FTC works with regards to debt collectors and fines, but an attorney could get you money, and possibly your debt zeroed out. Look up naca.net to find an attorney in your area.

When I was collecting, we were taught to exercise extra caution when dealing with military folk. With any luck, you could sue the collector personally. I certainly hope so.

Posted: Fri Mar 30, 2007 3:27 am Subject:

Wow, that is unreal, I would defineatly call an attorney and sue their butts. Some of them are so nice when they are lending, but total jerks when you default, they treat you like trash.

Posted: Fri Mar 30, 2007 4:40 am Subject:

Laws that just went into effect this January, along with the existing Serviceman Civil Relief Act, will say that debt collectors are not permitted to contact the military chain of command in an attempt to collect your debt. They also cannot make useless threats that they cannnot enforce (taking away your clearance). Disclosing your debt info to a third party is also a no-no.

Three strikes, and they're out. You should contact an attorney that specializes in fdcpa litigation. at $1000 per violation, you could easily sue them for $3000 plus costs.

Posted: Fri Mar 30, 2007 4:42 am Subject:

PS I forgot about them calling after you told them not to. If you can prove you told them not to call your work, that's another $1000.

Posted: Fri Mar 30, 2007 11:45 am Subject:

A good resource to find more info on suing them for fdcpa violations is budhibbs.com. He's a very stong advocate for consumer's rights, and has a link to a site where you can do a search for a good attorney who specializes in FDCPA violations. It can search by your city and state. I hope this helps. SOunds like you might have a good case. Take those bottom feeders DOWN! Smile

Posted: Fri Mar 30, 2007 6:52 pm Subject:

I need to correct myself. When I posted earlier I was at home, and I keep a file on our laws in my desk at work. -- I had remembered reading before that one of the new laws passed this year specifically forbade contacting the military chain of command. My recollect told me it was a federal law, and that is why I posted my above comment.

When I went to work, I found that the State of Illinois passed a new law that went into effect in January. The law applies to any consumer installment loan over 36% which is secured by a post-dated check or wage assigment (ie payday loan), and states that the lender may not contact the military chain of command in attempt to collect on the debt. Again, this is a state law not Federal.

I am sorry for the confusion. But even though it may not be a direct violation to contact your superiors, it would still violate the fdcpa if they disclosed information about the debt to your superiors.

You've still got three FDCPA violations against them, if you can prove: 1) they disclosed information about your debt to a third party, 2) they made false threats against you that they cannot enforce, 3) they called your place of employment after you instructed them not to.

Posted: Fri Mar 30, 2007 6:59 pm Subject:

Debtcruncher,
I am not 100% certain,but I do think Op has additional remedies that may assist them regarding the Service rules (Federal).

Posted: Sat Mar 31, 2007 11:32 am Subject:

I'm dealing with a case that is very similar in that they threaten to call CO's and threaten the loss of a security clearance. I would recommend getting an attorney.

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