Internet's first get-out-of-debt community - 136,000 members

TimberWolfPeach · Posted: Fri Feb 15, 2008 3:28 am Subject: FDCPA Gurus

Can someone explain section 807(14) to me. It says: prohibits the "use of any business, company, or organization name other than the [collector's] true name."

I am not sure if I may have some violations.

I have 4 different collection acency company's letterheads trying to collect for lvnv funding llc and 2 different lawfirms

13 letters total.

the different names are

Risk management Alternatives, Inc. (RMA)
Pioneer Credit Recovery Inc.
FMS, Inc.
National Enterprise Systems (NES)
Wolpoff & Abramson, LLP
Linebarger Goggan Blair & Sampson, LLP

They all show LVNV Funding as the current creditor.
with dates ranging from Feb '05 to Nov '07

Can LVNV use these different companies or are these violations?

Thanks
TimberWolfPeach

Posted: Fri Feb 15, 2008 4:05 am Subject:

I think basically they can't misrepresent themselves, but nothing can stop them from choosing to use various collection companies..it is how they figure to get out of debt validation..just pass the debt along if someone requests DV, and on and on until you get tired of it and pay up. Typical tactic.

Posted: Fri Feb 15, 2008 2:33 pm Subject:

The section you cited mainly is to prevent a CA from using fake business names and/or misrepresenting who they really are I believe. What you described is typical for LVNV; send a validation letter, and they pass it on to some other collection agency. (Because they can't validate).

Posted: Sun Feb 17, 2008 3:21 am Subject:

to be honest, I would consider this to be harassment, actually. Think about it--

--LVNV knows the collection business, so they know how many times a CA tends to call a debtor

--LVNV then hires several different CA's to go to work, calling the same debtor over the same debt

--LVNV did this knowing full well that using so many CA's would likely result in you getting flooded with contacts from all sides

If one CA were to call you as much as that many CA's typically would, it would no doubt be considered a violation of the fdcpa. Note--the FDCPA prohibits any action which has the natural consequence of harassing or annoying...

However, since these CA's and lawyers have been hired, you pretty much have to tackle each one independently. I would send out DV letters by certified mail to each one. Come to think of it, if you use this as harassment, I would also mention that because they hired all these CA's, it forced you to spend the extra money to send certified letters to all of them instead of just one. But the DV letter is important--it is even possible that not all of these CA's were hired by LVNV. You need them to prove that they have the legal right to try to collect this debt.

honestly, I can only think of one reason why a CA would do this--and that is to harass or annoy a debtor. Doing this causes a whole new dillema--which one to pay, if the debt is really yours? This kind of confusion should not be allowed.

Are you getting any phone calls from them, or is it all just letters? If youre getting phone calls, you should review your phone bills so you can count up exactly how many calls they have made to you. That is evidence if they have all been calling all over the place. I seem to recall a case some time back--cant find it now, but a consumer successfully sued a CA for violating the FDCPA---the court ruled that one CA engaged in harassment by calling that consumer's house something like 10 times in a few days, trying to collect on one debt.

One other thing I would do at this point is check your state's secretary of state website. Many states require that businesses must be licensed or registered in that state in order to conduct business there. If your state has such a law, and any of those CA's isnt registered with your state, then they cannot legally contact you about a debt. That would violate your state laws if that were the case.

Posted: Sun Feb 17, 2008 7:28 am Subject:

Not to mention that if they are found to not be licensed, you should file a complaint for that with your state's AG and/or secretary of state. Might as well cause them as much trouble as you can, while you're at it.

TimberWolfPeach · Posted: Sun Feb 17, 2008 8:39 pm Subject:

Ive actually never talked to them, they may have called a long while ago, but I am not sure. I just thought it may have been a violation but alas no.

Thanks for the replies though.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

FDCPA Gurus

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post