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Sofia · Posted: Sat Dec 10, 2005 4:48 pm Subject: Violation of the FDCPA law

What actions can be taken against a debt collector if he has violated the fdcpa law?

Posted: Sat Dec 10, 2005 4:57 pm Subject:

Hi Sofia

Welcome to the forums.

When you are taking actions against a debt collector, be sure to have factual proof and present it to your lawyer. A private attorney will help you to sue the collector in a state or a federal court within a period of one year. This period begins from the date when you prove that the law was violated by him. After you have won the case in the court, you will recover the extent of damages that you have suffered and an additional amount of $1000. You can also be successful in getting the court costs and other attorney fees.

You can report the illegal actions of this collector to your state Attorney General's office as well in the FTC and the BBB. You can fill the online complaint form or call the Federal Trade Commission 1-877-382-4357.

Be sure to have accurate proof when you are pressing charges against them. The collection agency will be allowed to present their defense. So, keep your basis strong.

Regards
Roxette

wtzelewsky · Posted: Sun Jun 10, 2007 5:22 pm Subject: Allied Interstate

I have had this allied interstate calling me saying I owe a bill for AOL since 2003. I told her to send me the bill for me to see it. She stated that they sent me the first bill in January of 2007. I said, OK send me another one, "I never got it" This lady told me she cant send me another one and that its against the law. I told her she full of crap. She told me that I needed to pay this bill right now or she will put it on my credit. I told her to send me an itamized bill for me to see. I told her I wanted to talk to her manager, and I then told her manager that the bill was not mine and I did not have a credit card in 2003. She said she would send me the bill. TWO DAYS LATER! The same darn lady called me back arguing with me that "If I did not pay this bill tolday she will put it on my credit". Once again I told her that I did not have AOL. She stated that she was recording the conversation and said that I was refusing to pay the bill, I told her Nice try... "This is not a refusal of payment but only to verify I owe the bill" SHE HUNG UP ON ME!!!!! So I called back and another guy told me she had put down that I was refusing to pay the bill, he said he would disput the bill with AOL..... What a bunch of crap...

Posted: Sun Jun 10, 2007 5:46 pm Subject:

Have you tried calling aol? They may be able to help you with this. I would also report allied to the attorney general in your state and to the ftc. Then the next time that they call you tell them that you have reported them to the government agencies.

Posted: Mon Jun 11, 2007 12:50 pm Subject:

Also you said the collector told you that she was recording the conversation. Is that even legal in your state? In some states, it's not. And unless the collector sent the DV letter certified, signature required, they have no proof that you actually received it.

Posted: Tue Jun 12, 2007 4:25 am Subject:

Allied says they are recording, but unless it works in their favor, don't expect that they really did. Most likely it is just another empty threat that you are some how in trouble because they have your voice captured on a machine.

LOLS · Posted: Tue Jun 12, 2007 8:37 pm Subject: AOL

Yah good luck calling AOL regarding that. I had them try to do the same thing to me. didn't go as far as a collection though, they tried billing for service after I canceled thier internet service after a free trail disc, while I was waiting on broad band. I ahd then told them that I canceled the service and I had also killed my land line phone in May. I then called tehm told them that I was not paying them money for a service I did not receive, after this individual gave me the runaround, I talked with her manager who did the same. I was then like ok I will have my lawyer contact your representation in a few days and then I hung up the phone. (I did goto my local Legal office, and consulted with them). The debt was dropped a few days later and never heard anythign form them again.