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Posted: Wed Jun 04, 2008 2:04 pm Subject: Advanta does not cease and desist?????

I live in California, and the law here allows me to send a cease & desist letter to the original creditor. Since Advanta is calling me DAILY, I asked them today for an address to send a CD letter to. Their response: Advanta doesn't cease & desist. My response: Advanta is not required to obey the law? Their response: We're not required to obey the law in someone else's state. Is that true??????????

Guest · Posted: Wed Jun 04, 2008 2:48 pm Subject:

They have to obey the laws in the state their business is in and they have to obey the laws of whatever state they practice in.

cellular · Posted: Wed Jun 04, 2008 3:23 pm Subject:

alias what is the full name of Advanta? California state list 28 companies with that name 16 of them have lost or given up their license.

Posted: Wed Jun 04, 2008 3:40 pm Subject:

Advanta Bank Corp., P.O. box 8088, Philadelphia, PA 19101. Thanks everyone!

Posted: Wed Jun 04, 2008 3:41 pm Subject:

It is a credit card for a business (sole proprietor). Does that make a difference?

Posted: Wed Jun 04, 2008 3:42 pm Subject:

Alias1958, the written request to cease communications or restrict communications is under the Fair Debt Collection Practices Act which is a federal statute. Don't let them try to BS you as this is federal law and they must follow it. Also if they perform business in your state (which they do by attempting to collect on a debt) they are also subject to your state laws.

Cellular · Posted: Wed Jun 04, 2008 4:02 pm Subject:

Here is the info on Advanta:

ADVANTA BANK CORP.
Number: C2158760 Date Filed: 3/26/1999 Status: active
Jurisdiction: UTAH
Address
11850 SOUTH ELECTION DRIVE
DRAPER, UT 84020
Agent for Service of Process
THE PRENTICE-HALL CORPORATION SYSTEM, INC.
2730 GATEWAY OAKS DR STE 100
SACRAMENTO, CA 95833

Send them the C&D letter which specifically states the California law that says they have to C&D, since they are the Original Creditor (OC) they are not bound by the FDCPA.

Also send one to the agent of service (CMRR) then they cannot claim they never got it since they are the legal represenatives for them in California.

Posted: Wed Jun 04, 2008 4:46 pm Subject:

Thanks everyone! I am kind of new to this whole debt collection scene since I have always had perfect credit until recently. But I didn't think that what she told me was correct.

Cellular · Posted: Wed Jun 04, 2008 8:55 pm Subject:

Alias,

I just noticed the address you listed for Advanta, when you send the DV make sure you use the one that request there license to do business in California. I would mention that the California Secretary of State does not show any company by their name with a UTAH address licensed in CA.

Posted: Thu Jun 05, 2008 7:33 am Subject:

Thanks, Cellular! I was wondering about the address discrepancy.

Posted: Tue Jun 17, 2008 9:44 am Subject:

So, I sent the letter to Advanta asking to only be contacted in writing and not by telephone. Today they called me again, so I asked them if they had received my letter. (I didn't send it certified because I figured that I would do that on the second try if they denied receiving it.) They said again that they are not required to cease and desist because they are not a third party creditor. I pointed out that I live in California and that since they are conducting business in California by attempting to collect a debt from me, they are subject to California law, which allows me to send a cease & desist to the OC.

They said that my card agreement gives them the right to continue calling me and they pointed out the section in my card agreement. It says: "You agree that if you do not pay on the Account as agreed or are otherwise in default, you will accept telephone calls from us or on our behalf at your home and your place of business regarding collection of amounts owed on the Account. You understand that those calls may be automatically dialed and a recorded message may be played. You agree such calls are not 'unsolicited' calls for purposes of applicable law. You also agree that except to the extent prohibited by applicable law, we and/or our representatives may also communicate with you by other means including (without limitation) fax or telecopier, Internet, US mail, e-mail, courier delivery, and personal visit."

SO . . . does that agreement exempt them from having to accept a cease and desist, as allowed by California law?

Posted: Tue Jun 17, 2008 2:28 pm Subject:

If their number shows on the caller I.D., see if you can get a phone add-on called "call block". I will not be harassed by telephone, even if I have to leave it off the hook. (I had problems with telemarketers, not Bill collectors.
As far as personal visit, I'd welcome them. So would by pit bull. I have "No Trespassing" signs up.

Posted: Tue Jun 17, 2008 2:37 pm Subject:

Thanks, Markofkane! Their number does show on caller id, so I might check into the call block. And I have left the phone off the hook many days when I got sick of the constant ringing!

It still doesn't seem right to me that they don't have to obey the law, because then why wouldn't every creditor just put that clause into their contracts?

Posted: Tue Jun 17, 2008 3:39 pm Subject:

I don't know. I guess only certain ones enjoy harassing people. And it is harassment. I'd also check to see if your state has a law against harassing calls. We have that law in Illinois.

Posted: Tue Jun 17, 2008 4:38 pm Subject:

It doesn't matter what is in the agreement. Nothing in a contractual agreement may supersede federal or state law.

Posted: Tue Jun 17, 2008 5:21 pm Subject:

Thanks, JCEMT! That confirms what I thought must be the case! That makes two different OCs today alone that have given me incorrect information! (Another one told me that I can't include their card in a BK if I've used it in the past 6 months). I'm certainly glad to have found this site and to be able to find out the truth!

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