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Send message to Sylex48214
Sub: #1 Caller ID
Replied on 11-19-2011, 07:37 PM
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I live in Michigan area code 313. The collection agency that keeps calling me is based in Texas and Phoenix with no offices in Michigan. When they call me, my caller ID shows a number starting with 313 appearing as if someone from Michigan when they are not.
Would this be a violation of the Truth in caller ID act of 2010? Would this violate anything in the FDCRA?




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Sub: #2
Replied on 11-20-2011, 03:39 AM
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Yes, and Yes.....

They cannot use any deceptive practices according to the FDCPA. And they cannot spoof caller ID according to the Federal Communications Commission.

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Sub: #3
Replied on 11-23-2011, 09:55 AM
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If I sue them, whould I file a FDCRA complaint or would it be a Truth in Caller ID act of 2010? can I sue under FDCRA and reference the TICIDA 2010? What is the better way of filing this?

Thank you.




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Sub: #4
Replied on 11-23-2011, 11:28 AM
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First, it is FDCPA, not FDCRA. There is the Fair Debt Collection Practices Act, and then there is the FCRA, which is Fair Credit Reporting Act.

You would be entitled to up to $1000 plus all court costs if you sued for FDCPA violation. I do believe that the the Truth in Caller ID Act does not allow for penalties payable to you. I believe that anyone found in violation of that act can only be assessed penalties payable to the United States, as in a lawsuit.




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